People v. Joaquin CA1/2

BACKGROUND

Appellant, Fernando D. Joaquin, who was 18 years of age at the time, was charged by the Mendocino County District Attorney with robbery (Pen. Code, § 211), a serious felony within the meaning of section 1192.7, subdivision (c). The information also alleged appellant had suffered prior juvenile adjudications for preventing report of a crime (§ 136.1, subd. (b)(1)), and assault with a deadly weapon (§ 245, subd. (a)(1)), both of which are “serious” felonies within the meaning of sections 667 and 1170.12. Under the Three Strikes law, a person convicted of a felony with such a prior juvenile adjudication must be sentenced to state prison. (§ 667, subd. (c)(4).) The robbery charge was on March 30, 2013, amended to grand theft from a person on the basis of a negotiated plea. (§ 487, subd. (c).) Appellant pled guilty to the amended charge and admitted the prior strike for a stipulated 16-month low-term sentence doubled to 32 months. Prior to sentencing, defense counsel contended in her Sentencing Memorandum that “the stipulated prison commitment, housing [appellant] at our local county jail ‘prison’ does not contradict the mandates of the Three Strike initiatives treatment of…