The People v. Perkins CA3

BACKGROUND

Parris Pruitt pulled his car into the parking lot of Greenhaven Liquor store. His girlfriend and their son remained in the car while Pruitt entered the store to buy cigarettes. Pruitt left the keys in the ignition. As Pruitt walked back to the car, defendant pointed a handgun at Pruitt‟s chest. Defendant said: “Don‟t get in the car. I‟ll gas you if you open the door.” Pruitt understood the word “gas” to mean “shoot.” Defendant took the cell phone from Pruitt‟s hand and got into the car. Pruitt ran back into the liquor store to call 9-1-1. Defendant pointed the gun at Pruitt‟s girlfriend and told her to get out of the car or he would shoot up the car. The girlfriend and child left. Defendant subsequently sold Pruitt‟s car. In denying defendant‟s request to dismiss the prior strike, the trial court considered, among other things, defendant‟s prior criminal history and noted that his prior strike conviction (a 2008 robbery) was a violent felony and was relatively recent. Defendant was born in 1991; he was 21 years old at the time of the instant offenses. His prior record included sustained juvenile delinquency petitions for a misdemeanor vehicle theft in 2006, two felony…