People v. Webb CA2/5

BACKGROUND

On February 11, 2016, defendant pled no contest to assault with a firearm likely to produce great bodily injury (§ 245, subd. (a)(2)), and second-degree robbery (§ 211). As to the robbery, he admitted allegations that the crime benefitted a gang (§ 186.22, subd. (b)(1)(C)) and that he had personally used a firearm (§ 12022.53, subd. (b)). As to both crimes, he admitted that his 2007 conviction for robbery was a serious felony conviction (§ 667, subd. (d)) and that is also constituted a “strike” within the meaning of our “Three Strikes” law (§§ 1170.12, subds. (a)– (d), 667, subds. (b)–(j)). The trial court sentenced defendant to an aggregate term of 22 years in state prison. Specifically, the court imposed a sentence of 20 years on the robbery count, comprised of a base term of 10 years for the robbery (an upper term of five years, doubled due to the prior strike), plus 10 years for the firearm

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

2 enhancement. The court imposed a consecutive two-year term for the assault with a firearm offense (one-third the midterm sentence of three years, doubled due to the prior strike). On…