People v. Dupree CA4/3

BACKGROUND

In October 1996, a jury found Defendant guilty of one count (count 1) of second degree robbery (Pen. Code, §§ 211, 212.5, subd. (c).) In a separate proceeding, the trial court found to be true the enhancement

Further statutory references are to the Penal Code.

2 allegations that Defendant had suffered two prior serious felony convictions (Pen. Code, § 667, subds. (a), (d)) and that both prior convictions constituted strikes (Pen. Code, §667, subd. (e)(2). The court also found to be true the enhancement allegation under Penal Code section 667.5, subdivision (b) that Defendant had served two prior prison terms within the preceding five years. In November 1996, the trial court sentenced Defendant to a base term of 25 years to life with an additional 10 years for the prior convictions enhancement, for a term of 35 years to life in prison. The court imposed and stayed sentence of one year for each prior prison term enhancement under section 667.5, subdivision (b). In May 2022, Defendant submitted a petition for recall and resentencing. In November 2023, appointed counsel filed a second petition under section 1172.75 for recall and resentencing and alleged that…