People v. Scott CA4/2

Good Law
Court of Appeal of CaliforniaAugust 24, 2015E063237California463 words

Opinion

Opinion

FACTS AND PROCEDURE

On December 3, 2009, defendant was a passenger in a car that pulled up alongside

a student walking home from high school. Defendant told the student to hand over his

cellular telephone. The student initially refused, but gave up the phone when defendant

lifted up his shirt to reveal the handle of a black handgun in his waistband and said he

would shoot or kill the student.

On April 16, 2010, defendant pled guilty to second degree robbery (Pen. Code, §

211)1 and admitted a prior robbery conviction from 2008 that qualified as both a strike

prior (§§ 667, subds. (b)-(i) and 1170.12, subds. (a)-(d)) and a serious felony prior (§ 667,

subd. (a)(1)).

On August 6, 2010, the trial court heard and denied defendant’s motion to

withdraw his plea and sentenced him as agreed to the low term of two years, doubled for

the strike prior, plus five years consecutive for the serious felony prior, for a total of nine

years.

Defendant appealed, and this court affirmed the judgment in case number

E055214.

On February 10, 2015, defendant filed a pro se petition for writ of habeas corpus

asking for “re-sentenced under Prop 47.”

All further statutory references…

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