People v. Deiner CA4/2

BACKGROUND

I. Deiner’s convictions and original sentence

The evidence at trial showed that Deiner robbed two banks, one in December 2013

and another in January 2014. (Deiner I, supra, E071193, pp. 2-3.) He wielded a gun

during both robberies, and he also claimed to have a bomb during one robbery. (Ibid.)

Deiner led officers on a car chase after the second robbery, but they eventually

apprehended him. (Id. at p. 3.) Inside his truck, investigators found clothing that

matched descriptions of the robber’s clothing, $1100, and a BB gun. (Ibid.)

The jury convicted Deiner of robbing two employees at the first bank and three

employees at the second bank. (Deiner I, supra, E071193, p. 9.) The jurors also

convicted him of second degree burglary of both banks and recklessly evading officers

for the car chase. (Ibid.) The operative information alleged that Deiner had five prior

robbery convictions (three in one case and two in another case), which qualified as prior

strikes for purposes of the three strikes law and prior serious felonies under section 667,

subdivision (a)(1). (Id. at p. 8.) The court found those allegations to be true, and it

denied Deiner’s motion to…