People v. Stone

BACKGROUND

The Information and Pretrial Matters The San Mateo County District Attorney charged Stone by information with four crimes arising out of an incident during which Stone threatened George A.—an asset prevention specialist at the Colma Target—with bodily injury and then exited the store with merchandise for which he had not paid: one felony count of second degree robbery (George A.), a serious and violent felony (§§ 212.5, subd. (c), 667.5, subd. (c), 1192.7, subd. (c)); one misdemeanor count of resisting or obstructing a peace officer engaged in the performance of his duty (Officer Abarca) (§ 148, subd. (a)(1)); one count of using force or violence against an officer (Officer Abarca) (§ 243, subd. (b)); and one count of possession of drug smoking paraphernalia (Health & Saf. Code, § 11364). With respect to the felony count, it was further alleged Stone had four prior felony strikes, all robberies. (See generally § 667, subds. (b)– (i).) The information additionally listed several sentencing circumstances in aggravation. (See §§ 1170, subd. (b)(2); 1170.12, subd. (c)(2).) And it alleged Stone committed the offense while on felony probation within the meaning of section…