People v. Bustamante CA2/1

BACKGROUND

A. Bustamante’s Conviction and Sentence On January 13, 2010, armed with a handgun, Bustamante robbed a clothing store and its occupants. During the robbery, Bustamante used the gun to force persons into a back room and threatened “somebody was going to get shot” if the women in the store did not stop “messing around” and give her money. Bustamante was later arrested at a nearby hotel where police

1 Bustamante is a transgender woman.

2 Unspecified statutory references are to the Penal Code.

3 found metal knuckles and heroin associated with her. (People v. Bustamante (Dec. 23, 2011, B229098) [nonpub. opn.].) A jury found Bustamante guilty of one count of being a felon in possession of a deadly weapon (former § 12020, subd. (a)(1)),3 one count of possessing a controlled substance (Health & Saf. Code, § 11350, subd. (a)), three counts of robbery (§ 211), and three counts of false imprisonment by violence (§ 236). Bustamante then admitted she had 16 prior strikes under the Three Strikes law, one prior serious felony, and had served four prior prison terms. The trial court denied Bustamante’s motion to dismiss her prior strikes and sentenced her as a third strike…