People v. Wright CA5

INTRODUCTION

Appellant Leland James Wright was charged with one felony count of second degree robbery (Pen. Code, §§ 211, 212.5, subd. (c)),1 and one misdemeanor count of making a false representation of identity to a peace officer (§ 148.9, subd. (a)). As to count 1, it was also alleged appellant had suffered a prior serious or violent felony conviction (strike) (§ 667, subd. (e)), and that he had suffered a prior serious felony conviction within the meaning of section 667, subdivision (a). Further, four aggravating circumstances were alleged for the purposes of sentencing. A jury found appellant guilty of both substantive counts. During a bifurcated court trial, the court found true beyond a reasonable doubt the prior strike allegation (§ 667, subd. (e)) and the prior serious felony conviction enhancement allegation (id., subd. (a)). The court also found true beyond a reasonable doubt three aggravating-circumstance allegations. At a sentencing hearing, the trial court struck the prior strike allegation, and imposed an aggregate sentence of 10 years, consisting of the upper term of five years for the robbery conviction (§ 213, subd. (a)(2)), plus five years for the prior serious…