People v. Dixon CA3

BACKGROUND

In November, 2012, victim Betty Rhinehart, 84 years old, was gardening when she encountered defendant in her garage. He held her at gunpoint and demanded money. When she refused, he pushed her to the floor, hit and kicked her, and put the gun in her

1 mouth. He took her inside the house, ripped out the alarm, put her in a closet, and stole property, including jewelry. Five days later, the sheriff’s department responded to a call of a prowler at another home and caught defendant when he ran. Near where he was caught, officers found a .38-caliber revolver and clothing. Defendant was on juvenile searchable probation. A search of his home revealed several pieces of Rhinehart’s jewelry. Pursuant to a plea agreement, defendant pleaded guilty to first degree robbery (Pen. Code, § 211)1 and admitted he had personally used a firearm in the commission of the robbery (§ 12022.53, subd. (b)). The remaining counts and enhancements, as well as his pending juvenile case, were dismissed. Prior to sentencing, defendant moved to withdraw his plea and the trial court denied the motion. The trial court then sentenced defendant to the negotiated term of four years on the robbery and 10…