People v. Galvan CA4/2

FACTS AND PROCEDURE

On September 5, 2013, defendant struggled with a convenience store clerk before

taking a 12-pack of beer from her and walking out the door.

On September 7, 2013, a sheriff’s deputy arresting defendant for public

drunkenness found 0.2 grams of methamphetamine in one of defendant’s pockets.

On November 27, 2013, the People filed an amended information charging

defendant with robbery (Pen. Code, § 211)1 and possessing methamphetamine (Health &

Saf. Code, § 11377, subd. (a)). The People also alleged defendant had a prison term prior

(§ 667.5, subd. (b)), a serious felony prior (§ 667, subd. (a)) and a strike prior (§§ 667,

subds. (c) & (e)(1), 1170.12, subd. (c)(1)).

On December 11, 2013, a jury convicted defendant on both counts. The clerk had

testified at trial that she had seen defendant in the convenience store about two or three

times previously and had seen his companion in the convenience store a few times more

than that, and was completely sure that defendant was the person who took the beer from

her on September 5, 2013.

On January 10, 2014, the court found each of the prior conviction allegations to be

true. The court sentenced defendant…