People v. Cravens CA3

BACKGROUND

In March 2023, Cravens used a utility knife to cut the security cord of two Apple watches at an AT&T store and fled. An information charged Cravens with one count of

1 second degree robbery (Pen. Code, § 211; count I),1 with allegations that Cravens had suffered a prior strike conviction (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)) and a prior serious felony conviction (§ 667, subd. (a)), as well as alleging an enhancement for use of a deadly weapon (§ 12022, subd. (b)(1)). Cravens was further charged with misdemeanor possession of fentanyl (Health & Saf. Code, § 11350, subd. (a); count II). In May 2023, criminal proceedings were suspended pursuant to section 1368. In July 2023, Cravens was found competent and criminal proceedings were reinstated. On August 21, 2023, after the trial court denied his Marsden2 motion, Cravens pleaded guilty to second degree robbery as charged in count I and an added count III for attempted robbery (§§ 664/211). The plea agreement contemplated a sentence of the middle term of three years on count I and a maximum of three years concurrent on count

III. The remaining count and allegations were dismissed.

On September 28, 2023,…