People v. Kelley CA4/3

FACTS

In 2013, Kelley entered a liquor store in San Bernardino with a plastic gun and followed an employee behind the counter. After telling the employee to lie on the ground, Kelley began to take money from the cash register and employee’s pockets. When the employee attempted to stand, Kelley hit him on the forehead with a bottle of liquor, causing him to fall to the ground. Kelley took $400 and fled. In 2014, Kelley pleaded guilty to robbery as part of a negotiated plea agreement. Kelley also admitted a prior strike (§ 667, subd. (b)–(i)), a prison prior (§ 667.5, subd. (b)), and a serious felony prior (§ 667, subd. (a)(1)). The trial court sentenced Kelley to a total term of 16 years but suspended the sentence pursuant to a waiver under People v. Vargas (1990) 223 Cal.App.3d 1107, which required he return to court in two weeks. If Kelley complied with the terms of the Vargas waiver, he would be resentenced to a total term of three years on the robbery count and the other allegations would be dismissed. Kelley failed to appear on the agreed upon date. When Kelley returned to court five months later, he admitted he violated the Vargas waiver. The court sentenced Kelley to 16…