People v. Lewis CA4/2

statement of the case, and identifying two potentially arguable issues: (1) whether the

court erred in finding defendant was armed with a deadly weapon in his commission of

1 Defendant has been the subject of three prior opinions issued in this court in previous appeals. We take judicial notice of those opinions, two in case No. E031035, and one in case No. E0640430. (Evid. Code, § 459, subd. (a).) All further statutory references are to the Penal Code unless otherwise indicated.

2 the offenses and, therefore, ineligible for resentencing; and (2) whether the court erred in

finding defendant posed an unreasonable risk of danger to the community. We affirm.

I. FACTUAL AND PROCEDURAL BACKGROUND

On November 7, 1999, defendant and his codefendant (collectively defendants)

stole a van from a store parking lot in Rialto, California. They abandoned the van in

Redlands with the engine running. They had broken out one of the windows and had

jimmied the ignition.

Defendants stole another vehicle from a home a short distance away from the

abandoned van. The owner of the second stolen car heard the vehicle door slam; she ran

to her front porch and saw her car backing out of the…