People v. Beavers CA3

FACTS AND PROCEEDINGS

A detailed recitation of the facts underlying the charges in the present matter is not necessary to resolve the issues raised on appeal. Briefly summarized, defendant and the victim met at an apartment complex in Sacramento County so he could purchase prescription pills from the victim. At the meeting, defendant brandished a gun and demanded everything the victim had. After hitting the victim in the head, defendant took money, personal property, and numerous other prescription pills from the victim. A few days later, defendant was arrested with pills matching the type, size, shape and prescription of those taken from the victim. An amended information charged defendant with second degree robbery (§ 211), assault with a firearm (§ 245, subd. (a)(2)), and possession of hydromorphone (Health &

2 Saf. Code, § 11350, subd. (a)). The information alleged defendant personally used a firearm during the robbery and assault, and that he had suffered a prior serious felony conviction making him eligible for sentencing under the three strikes law. (§§ 667, subds. (a), (b)-(i), 1170.12 & 1192.7, subd. (c)(28).) The prior conviction alleged was a conviction from 2010 for…