People v. Shultz CA3

FACTS AND HISTORY OF THE PROCEEDINGS

The Sacramento Case

In the Sacramento case, defendant was convicted in April 2023 of five counts of second degree robbery (Pen. Code, § 211; statutory section citations that follow are to the Penal Code) and one count of being a felon in possession of a firearm (§ 29800, subd. (a)). He was sentenced to six years in prison.

The Placer Case

In the Placer case, in August 2022 defendant robbed a local bank after handing the teller a note demanding money and saying he was armed. Defendant was charged with second degree robbery with five aggravating circumstances. (§ 211; Cal. Rules of Court, rules 4.421(a)(1), 4.421(a)(8), 4.421(a)(9), 4.421(b)(1), 4.421(b)(2); further rule references are to the California Rules of Court.) In February 2024, defendant pled no contest to second degree robbery and admitted two aggravating circumstances. At sentencing in April 2024, the trial court sentenced defendant to prison for an aggregate term of 10 years, as follows: (1) in the Placer case, five years (the upper term) and (2) in the Sacramento case, one year (one-third the middle term) consecutive for each of the five second degree robbery counts and one year…