People v. Madera CA6

I. Background

Defendant Lawrence Madera was charged by felony complaint with second degree robbery (§§ 211, 212.5, subd. (c)), and it was alleged that he had personally used a deadly or dangerous weapon in the commission of the robbery (§ 12022, subd. (b)(1)). The

1 Subsequent statutory references are to the Penal Code. complaint further alleged that defendant previously had been convicted in Guam of two counts of “First Degree Sexual Conduct,” the second of which was identified as “(Second Count),” in case No. “GM1055J” and that each of these two convictions qualified as a 2 strike (§§ 667, subds. (b)-(i), 1170.12). In addition, the complaint alleged a single section 667, subdivision (a) prior serious felony conviction based on a Guam “First Degree Sexual Conduct” conviction with the same case number without specification of which count. Finally, the complaint alleged a single section 667.5, subdivision (a) prison prior based on a Guam “First Degree Sexual Conduct” conviction with the same case number, again without specification of which count formed the basis for the allegation. Defendant pleaded guilty to the robbery count, admitted the weapon allegation, and admitted the…