Dowdy

I. FACTS AND PROCEDURAL HISTORY

In January 1998, while on parole for robbery and attempted robbery, Dowdy entered a bank, presented a teller with “a demand note which threaten[ed] to blow her head away,” received $2,600 from the teller, and left the bank. He was positively identified in a police lineup. In February 1998, Dowdy was arrested during a suspected drug sale. During the arrest, he swallowed a balloon containing a large amount of a substance later determined to be heroin. A subsequent search of his residence revealed additional heroin and drug paraphernalia as well as evidence connecting him to the robbery. A jury convicted Dowdy of second degree robbery (§§ 211–212.5, subd. (c) (count 1)). It also found true allegations that he served two prior prison terms (former § 667.5, subd. (b)) and had two prior serious felonies (§ 667, subd. (a)) and two prior strike convictions within the meaning of the Three Strikes law (§ 1170.12, subds. (b), (c)(2)(A)). Dowdy thereafter pleaded guilty to a charge of possessing heroin for purposes of sale (Health & Saf. Code, § 11351 (count 2)). In 1998, the trial court sentenced Dowdy to an aggregate term of 32 years to life in prison, as…