Brammer

BACKGROUND

1. Conviction and sentencing Between December 12, 2009 and January 23, 2010, defendant robbed 10 businesses. In each case, he pointed a pellet gun at one or more employees and took money from the cash register. It is undisputed defendant did not physically harm anyone during the robberies.

3 Defendant was 57 years old at the time of the robberies. He also was on parole, having been released from prison in April 2009 after serving almost 19 years on a 1991 conviction for 12 counts of robbery. For the offenses committed throughout December 2009 and January 2010, the jury convicted defendant of 13 counts of second degree robbery and found he had used a deadly and dangerous weapon in committing the offenses.2 The trial court found defendant had three prior serious felony convictions for purposes of the enhancement under section 667, subdivision (a)(1) and the Three Strikes law. The trial court sentenced defendant on each of the 13 counts to 41 years to life, consisting of a 25-year-to-life Three Strikes sentence plus 15 years for the three section 667, subdivision (a)(1) enhancements and one year for the weapon enhancement. The court stayed the terms on four counts…