People v. McGruder CA1/1

STATEMENT OF FACTS AND PROCEDURAL HISTORY

According to the probation report, defendant threatened a person entering her car in a parking lot with a gun, but he fled when she attacked him with a pair of scissors. Defendant then threatened the driver of nearby parked car, but he again fled when the driver began honking his horn. When he saw a third person coming from his house, defendant took the man’s keys at gunpoint and drove off in his car. When the car was located, a letter addressed to defendant was found inside. The car keys were later found in a search of defendant’s home, and his DNA was found on the scissors. In an information filed April 25, 2011, defendant was charged with two counts of attempted carjacking (Pen. Code,1 § 215, subd. (a)), one count of carjacking (§ 215, subd. (a)), and one count of kidnapping for carjacking (§ 209.5, subd. (a)). In addition, the information alleged five prior convictions, including two prior strike convictions. (§§ 667, subds. (a)(1), (e)(2), 1170.12, subd. (c)(2).) Pursuant to a plea agreement, defendant pleaded no contest to three counts of attempted robbery, a lesser included offense of carjacking, and admitted two serious prior…