People v. Victoriano CA1/1

STATEMENT OF THE CASE

The District Attorney of Marin County filed a complaint on February 24, 2014, charging appellant with one count of second degree robbery, a violation of Penal Code1 section 211, and one count of assault with a deadly weapon, a violation of section 245,

1 Unless otherwise stated, all statutory references are to the California Penal Code. subdivision (a)(1). The alleged deadly weapon was a knife. Each count had an allegation of great bodily injury pursuant to section 12022.7, subdivision (a), and each offense was alleged as a strike based on section 1170.12, subdivisions (a), (b), and (c). Each was alleged as a serious and violent felony pursuant to sections 667.5, subdivision (c)(9) and 1192.7, subdivision (c). On June 4, 2014, appellant eventually entered a guilty plea to count two, a violation of section 245, subdivision (a)(1) and all but one of the enhancements. The prosecution dismissed count one and the great bodily injury allegation. On October 17, 2014, appellant was sentenced to the aggravated term of four years in state prison. Appellant’s appeal contains no certificate of probable cause.

STATEMENT OF FACTS2

On February 6, 2014, the police were…