The People v. McKim CA3

BACKGROUND

Because of the nature of the claim on appeal a detailed recitation of the substantive facts underlying the offenses is not necessary. In March 2011, defendant stole money from the cash register drawer at a pharmacy. Approximately two months later, he went to a sandwich shop and demanded cash from the store clerk at knife point. After his arrest for robbery, defendant attempted to escape from the Woodland Police Department. In his escape efforts, he damaged doors to the building. Defendant was charged with two counts of second degree robbery (counts 1 & 2), one count of vandalism (count 3) and one count of misdemeanor resisting or obstructing a peace officer (count 4). It was also alleged defendant used a deadly weapon in the commission of the robbery in count 2. It was further alleged defendant had a prior strike conviction (§ 667, subd. (a)(1)), a prior serious felony conviction (§ 667, subds. (c), (e)(1)), and had served two prior prison terms (§ 667.5, subd. (b)). The parties agreed to a plea in which defendant admitted committing both robberies, vandalism, and the deadly weapon enhancement. Defendant also admitted the prior conviction enhancements and one of the…