People v. Strong CA3

BACKGROUND

On July 1, 2015, defendant confronted the victim in the driveway of his house, pointed a handgun at him, and demanded his money. Defendant took the victim’s wallet and cell phone and fled the scene. Three weeks later, defendant was arrested on outstanding warrants. Two days later, the victim positively identified defendant as the robber. The victim also identified the gun defendant had used from a photograph of the gun, which defendant had in his possession. Defendant entered a negotiated plea of no contest to second degree robbery (Pen. Code, § 211)1 and admitted that he personally used a firearm (§ 12022.53, subd. (b)) in exchange for a stipulated state prison sentence of 12 years and dismissal of the charges in two additional cases (Nos. 15F04025 and 15F03380). The court sentenced defendant accordingly, that is, the low term of two years in state prison for the robbery plus a consecutive 10-year term for the firearm use enhancement. Defendant appeals. The trial court granted defendant’s request for a certificate of probable cause. (§ 1237.5.)

Further undesignated statutory references are to the Penal Code.

DISCUSSION

We appointed counsel to represent…