People v. Wilburn CA3

BACKGROUND

In 2022, Wilburn was charged with three counts of second degree robbery with three aggravating factors for each count. (§ 211; Cal. Rules of Court, rule 4.421(b)(2)- (4).) As to each count, it was further alleged that Wilburn had two prior strikes (§§ 667, subd. (d), 1170.12, subd. (b)) and two prior serious felony convictions (§ 667, subd. (a)), based on convictions in 2007 and 2013 for second degree robbery. In April 2023, Wilburn pleaded no contest to all three counts, admitted one of the prior strikes as to each count, and stipulated to two aggravating factors for each count. In exchange, the parties agreed to a 14-year aggregate prison sentence, as follows: 10 years on count 1 (the upper term of five years, doubled due to the prior strike) and consecutive terms of two years each for counts 2 and 3 (one-third the middle term of three years, doubled due to the prior strike). The trial court advised Wilburn that he would have to serve 85 percent of his sentence. (See § 2933.1, subd. (a) [limiting worktime credit for incarcerated defendants convicted of a violent felony including robbery].) That same day, the court sentenced Wilburn according to the plea agreement.…