The People v. Irby CA4/2

INTRODUCTION

Defendant Michael Caprice Irby challenges the trial court’s order denying his

1 petition for resentencing under Penal Code section 1170.126.1 As discussed below, the

trial court’s order is affirmed.

II

STATEMENT OF THE CASE

Defendant was charged for committing the following crimes in 2003: count 1 -

second degree commercial burglary (§ 459); count 2 - second degree robbery (§ 211)

with a gun enhancement (§ 12022, subd. (a)(1)); count 3 - possession of ammunition

(§ 12316, subd. (b)(1)); and count 4 - assault with a deadly weapon (§ 245, subd. (a)(1)).

It was also alleged as to counts 1, 2, and 4 that he personally inflicted great bodily injury

(§ 12022.7, subd. (a).)

Defendant pleaded guilty to count 2, robbery (§ 211), a great bodily injury

enhancement (§ 12022.7, subd. (a)), and a prior strike conviction (§§ 667, subds. (a)-(i),

1170.12, subds. (a)-(d)). Defendant’s stipulated second strike sentence consisted of the

upper term of five years, doubled to 10 years for the robbery, and a consecutive sentence

of three years on the great bodily injury enhancement, for a total determinate term of

years.

On February 13, 2013, defendant filed a…