People v. Crummer CA1/2

BACKGROUND

Appellant was convicted by a jury of felony assault with a deadly weapon (§ 245, subd. (a)(1)) and second degree robbery (§§ 211; 212.5, subd. (c)). The jury found true

1 Appellant denominated his filing in the trial court a motion for resentencing, but in accordance with the statutory language of section 1170.126, we will refer to it, as did the trial court in its written decision, as a petition for resentencing. 2 All further statutory references are to the Penal Code.

1 allegations that appellant personally inflicted great bodily injury and personally used a deadly weapon (§§ 12022.7, subd. (a); 12022, subd. (b)(1)). The jury also found true the allegations that appellant had suffered two prior serious felony strike convictions within the meaning of section 667, subdivisions (b)-(i) and section 1170.12, and three prior prison convictions within the meaning of section 667.5, subdivision (b). (People v. Sandefur (Nov. 19, 2007, A110850) [nonpub. opn.], *1, *3.)3 A second jury found true additional allegations filed in an amended information that two of appellant’s prior felony convictions, both of which had previously been alleged as strikes, also constituted prior…