People v. Olbert CA3

BACKGROUND

Defendant pleaded no contest to allegations that in 2010, he attempted a robbery and then, in a second incident, committed a robbery using a knife, attempted an additional robbery using a knife, unlawfully used personal identifying information, unlawfully possessed access card information, possessed a completed check with the intent to pass it fraudulently, and possessed stolen property. Defendant also admitted having been previously convicted of robbery in 1992.

Undesignated statutory references are to the Penal Code.

2 In 2012, the sentencing court imposed a stipulated sentence of 25 years in state prison. At the sentencing hearing, the court told defendant: “You make no excuse for yourself. And that’s not something I see very often in this courtroom.” The court also told defendant: “I think that you know methamphetamine and alcohol have been absolutely devastating to you personally . . . but I also see that even while you’re incarcerated, you are a positive influence on those around you . . . [a]nd I think that speaks very, very well of you.” In 2015, following the enactment of Proposition 47, the Safe Neighborhoods and Schools Act (Gen. Elec. (Nov. 4,…