People v. Kelly CA2/1

BACKGROUND

The commitment offense In June of 2002, Kelly was charged with committing a second degree robbery on April 13, 2000, two first degree robberies on April 15, 2000, an assault with a deadly weapon and an assault with a firearm on one of the robbery victims on April 15, 2000, and evading a police officer (Veh. Code, § 2800.2, subd. (a)), a felony, on April 18, 2000. It was alleged that Kelly had three prior or serious felonies within the meaning of the “Three Strikes” law. The robberies and aggravated assaults apparently involved Kelly and Terrell Brown following the victims home from Hollywood Park Casino and robbing them at gunpoint. In its order denying the petition for resentencing, the trial court summarized the facts pertaining to the evading charge: “On April 18, 2000, Kelly and Brown returned to Hollywood Park Casino, but were recognized by the head of security, Gregory Held (‘Held’). Held contacted the Inglewood Police Department. When Kelly and Brown came out to the parking and entered their car, Officer[s] Martino Belgarde and David Burnett pulled their patrol car up to . . . Kelly’s car. At the same time, Officer Belgarde observed Brown holding a blue steel…