Mungia

Introduction

Edward Mungia (defendant) was charged in count 1 with robbery, a felony (Pen. Code, § 211) and in count 2 with unlawful possession of a hypodermic needle and syringe, a misdemeanor (Bus. & Prof. Code, § 4149). It was also alleged that he had suffered two prior serious felony convictions within the meaning of Penal Code section 667, and one prior felony conviction with service of a prison term within the meaning of Penal Code section 667.5, subdivision (b).

Defendant entered pleas of not guilty and denied the prior conviction allegations. On the day jury trial began, he withdrew his plea of not guilty to count 2, and entered instead a plea of guilty. The jury returned a verdict of guilty of robbery on count 1. After defendant and the People waived jury trial, the court found that the allegations of the three prior convictions were true.

Defendant was sentenced to the upper term of five years for the robbery. The court imposed two consecutive five-year sentences pursuant to section 667 for two prior serious felony convictions, and a one-year sentence pursuant to section 667.5, subdivision (b) for the prior felony conviction with service of a prison term,…