People v. Renteria CA5

BACKGROUND

I. Defendant’s crimes and sentencing3

In an amended information filed March 17, 1997, defendant was charged with three counts of robbery (§ 211 [counts 1–3]). As to all counts, the information alleged he personally used a deadly or dangerous weapon (§ 12022, subd. (b)); was previously convicted of robbery, which qualified as a strike under the Three Strikes law (§ 1170.12, subd. (c)(1)) and a serious felony (§ 667, subd. (a)); and served a prison term following the earlier conviction (§ 667.5, former subd. (b)). On March 31, 1997, defendant pled guilty to the count 1 charge and no contest to the remaining charges and special allegations. The sentencing court imposed a 15-year prison term: (1) the middle term of three years doubled to six years plus five years for the prior serious felony enhancement

1 Unless otherwise indicated, subsequent statutory citations refer to the Penal Code. 2 Section 667.5, former subdivision (b) allowed the sentence enhancement “for each prior separate prison term served for any felony . . . .” (Stats. 1997, ch. 371, § 1, p. 2538.) Therefore, in this opinion, we may refer to an enhancement under the former and current statute as a…