People v. Ortiz CA2/5

FACTS AND PROCEDURAL BACKGROUND

I. Facts

A. Defendant’s early criminal history Defendant was born in 1965. Between 1983 and 1986, defendant incurred seven convictions, six for possession or being under the influence of a

All further statutory references are to the Penal Code unless otherwise indicated. Section 1172.1 was previously codified in section 1170, subd. (d)(1) and section 1170.03. (Stats. 2021, ch. 719, § 3.1; Stats. 2022, ch. 58, § 9.)

2 controlled substance (Health & Saf. Code, §§ 11377, 11550), and one for resisting arrest (§ 148). In 1988, defendant was convicted of robbery (§ 211). While on parole following the prison sentence for robbery, defendant in 1991 was convicted of brandishing a deadly weapon (§ 417). While on parole following the prison sentences for robbery and exhibition of a deadly weapon, defendant in 1994 committed the crimes of second-degree robbery (§ 211) and assault with a deadly weapon (§ 245). B. First criminal case2 In September 2000, defendant approached a woman as she was getting into her Ford Explorer in the parking lot of a restaurant. Three children were in the Explorer. Defendant held a sharp tool to the woman’s neck…