People v. Cleveland CA2/5

I. BACKGROUND

At about 2:00 a.m. on February 20, 2013, defendant entered a 7-Eleven store in San Pedro, walked up to the counter, and told the cashier, “I got a gun and I want the money.” Defendant had one hand in his pocket. The cashier asked defendant if he was 1 serious. Defendant replied, “I got a gun. I’ll shoot you.” The cashier gave defendant a “bunch” of one dollar bills, some five dollar bills and a ten dollar bill. Defendant demanded that the cashier give him money from a second register as well. When the cashier stated that he did not have the password for that register, defendant threatened to shoot him. The cashier opened the register and gave defendant a “chunk of ones.” Defendant fled, but was soon captured by police. After the jury convicted defendant on the robbery charge now before us, the trial court found true the allegations that defendant had (1) sustained three prior serious or 2 violent felony convictions within the meaning of the Three Strikes Law (Pen. Code, §§ 667, subds. (b)-(i), 1170.12); (2) sustained two prior serious felony convictions within the meaning of section 667, subdivision (a); and (3) served six prior prison terms within the

1 Defendant…