People v. Scott CA4/2
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.”