People v. Covarrubias CA2/5

I. Facts

A. The underlying crimes On five different occasions between December 1994 and January 1995, defendant robbed four different store clerks at four different business establishments, brandishing a BB gun and taking $100 to $300 dollars from the cash registers. B. Conviction and appeal On November 30, 1995, a jury found defendant guilty of five counts of second degree robbery. For four of the counts, the jury found that defendant personally used a deadly or dangerous weapon within the meaning of section 12022.5, subdivision (b). The trial court then held a bench trial and found beyond a reasonable doubt that defendant had suffered three prior convictions for: robbery (Case No. GA002941), attempted robbery (Case No. GA005064), and grand theft (Case No. GA005810). Accordingly, the trial court found true the allegations that defendant had served three prior prison terms (§ 667.5, subd. (b)); had two prior serious felony convictions (§ 667, subd. (a)(1)); and had two prior strikes within the meaning of our state’s Three Strikes Law (§§ 667, 1170.12). The trial court sentenced defendant to 137 years to life, consisting of five consecutive 25-year-to-life terms for each…