People v. Quezada CA6

STATEMENT OF THE CASE3

In January 2012, defendant was charged by information with second degree robbery (§§ 211-212.5, subd. (c).) The information also alleged that defendant personally used a deadly or dangerous weapon during the commission of the robbery. (§ 12022, subd. (b)(1).) In addition, the information alleged that defendant had suffered two prior strike convictions, (§§ 667, subds. (b)-(i), 1170.12). One of the alleged strikes was a prior juvenile adjudication for murder (§ 187), and the other was a 1987 conviction for assault with a deadly weapon (§ 245, subd. (a)(1)). The information also alleged that the prior 1987 conviction for assault qualified as a serious felony under section 667, subdivision (a). Finally, the information alleged that defendant had served a prior prison term for a conviction of assault with force likely to cause great bodily injury. (§ 667.5, subd. b).) The case proceeded to jury trial in March 2014. Defendant was found guilty as charged. After a bench trial, the court found sufficient evidence that appellant had suffered three prior convictions, but found insufficient evidence of an alleged juvenile adjudication. The court denied defendant’s…