People v. Mitchell CA3

FACTS AND PROCEDURAL HISTORY

In May 2011, in case No. CRF11-241 (hereafter case No. 241), defendant pleaded no contest to transporting hydrocodone. (Health & Saf. Code, § 11352, subd. (a).) He was placed on Proposition 36 probation. However, in October 2011, the trial court revoked defendant’s probation after the probation department filed a petition accusing defendant of violating probation. In November 2011, apparently over a dispute for payment of tattoo work defendant had performed, defendant pointed a knife at the victim’s side and threatened to kill him if he did not pay defendant $100. The victim gave defendant $100. He sustained a superficial cut on his neck. For this crime, the People charged defendant in case No. CRF11-630 (hereafter case No. 630) with first degree robbery (count 1), assault with a deadly weapon (count 2), and making criminal threats (count 3). (Pen. Code, §§ 211; 245, subd. (a)(1); 422.1) The complaint also alleged as an enhancement to counts 1 and 3 that defendant used a knife in the crime. (§ 12022, subd. (b)(1).) Under a plea bargain in case No. 630, defendant pleaded no contest to counts 1 and 2, stipulating to six years on count 1 and four years…