People v. Clem CA2/5

FACTS AND PROCEDURAL BACKGROUND

I. Underlying Crimes3

On January 3, 2017, defendant approached a woman seated in her vehicle. He held a gun to her face, ordered her out of the car, and demanded she give him the rings she was wearing. Defendant took a diamond ring worth $2,000, a wedding band worth $400, and a purse containing currency as well as other items. The following day, defendant approached another woman

1 All further statutory references are to the Penal Code unless otherwise indicated.

2 Effective June 30, 2022, section 1171.1 was renumbered section 1172.75, with no substantive change. (Stats. 2022, ch. 58, § 12; People v. Burgess (2022) 86 Cal.App.5th 375, 378, fn. 2.) For simplicity, we refer to the section by its new numbering.

3 We draw these underlying facts from the probation report.

2 as she was getting into her car, pointed a gun in her face, threatened to “blow [her] fucking head off” if she did not “give [him her] fucking purse,” and took her purse.

II. Conviction and Sentencing

Defendant pled no contest to two counts of robbery (§ 211) with personal use of a firearm (§ 12022.5), and admitted that his 2013 robbery conviction constituted…