People v. Brown CA2/8

BACKGROUND

A. Original Trial and Sentencing Brown attached the record of his original trial and sentencing to an unopposed motion for judicial notice, dated August 20, 2025, which we grant. In 2015, a jury convicted Brown of one count of attempted second-degree robbery (§§ 664, 211; count 1) and six counts of second-degree robbery (§ 211; counts 2 through 7). In a separate trial phase for which Brown waived a jury, the superior court found Brown had suffered six prior adjudications that could potentially increase his sentence under the Three Strikes law

2 (see §§ 1170.12, 667) or other anti-recidivism statutes. These included one juvenile robbery adjudication from a 1982 proceeding, two convictions for robbery (see § 211) and two convictions for assault with a firearm (see § 245, subd. (a)(2)) from a 1987 prosecution, and one “bank robbery” conviction from a 1998 federal prosecution (see 18 U.S.C. § 2113(a)). At sentencing, the superior court first addressed Brown’s prior adjudications. For purposes of the anti-recidivism statutes, it struck the juvenile adjudication, because it appeared possible Brown was only 15 years old at the time. The court also struck the federal…