People v. Chapman CA4/3

FACTS

Chapman was charged with one felony count of second degree robbery (§§ 211, 212.5, subd. (c); count 1) and one felony count of making criminal threats (§ 422, subd. (a); count 2). The information also alleged as to both counts an enhancement for personal use of a deadly weapon (§ 12022, subd. (b)(1)). It further alleged an April 19, 2019, conviction for first degree burglary both as a prior serious felony conviction (§ 1192.7, subd. (c)) and as a strike conviction (§§ 667, subds. (d), (e)(1); 1170.12, subds. (b), (c)(1)). A jury found Chapman guilty of second degree robbery and not guilty of making criminal threats and found true an enhancement for personal use of a deadly weapon. The trial court granted Chapman’s motion to bifurcate the trial on the prior conviction, and Chapman waived his right to a jury trial on the prior conviction. The court found the prior conviction true and found that it was both a serious felony conviction and a strike conviction. The court sentenced Chapman to a total term of three years in state prison: the lower term of two years for robbery, plus one year for the personal use of a deadly weapon enhancement. The court struck the prior conviction…