People v. Cervantes CA5

STATEMENT OF THE CASE

In April 2024, Cervantes was charged with, count 1, felony second degree robbery (§ 212.5, subd. (c)), and it was alleged he had two prior strikes (§ 667, subd. (e)) and two prior serious felony offenses (§ 667, subd. (a)).2 Circumstances in aggravation under California Rules of Court, rule 4.421(a), (b) were alleged.3 He was also charged with, count 2, misdemeanor resisting arrest (§ 148, subd. (a)(1)). On April 16, 2024, a jury found Cervantes guilty of both counts. In a bifurcated proceeding, the trial court found not true the allegations that Cervantes was armed with or used a weapon under rule 4.421(a)(2) or that he engaged in violent conduct indicating a serious danger to society under rule 4.421(b)(1). The remaining allegations were found true. Cervantes was sentenced on June 25, 2024. The trial court declined to strike either of his prior strike allegations or either of his serious felony priors, and he was then sentenced to 25 years to life on count 1, to be served consecutive to an aggregate

All further statutory references are to the Penal Code unless otherwise stated. The prior strikes and prior serious felony convictions all…