People v. Santana CA2/1

BACKGROUND

In December 1997, the People charged defendant in a one-count information with second degree robbery in violation of section 211, alleging that defendant took personal property by means of force and fear. The People further alleged that the robbery was a felony. In January 1998, defendant pleaded guilty to count 1. The trial court suspended imposition of sentence, placed defendant on formal probation, and required him to serve 365 days in county jail. The court warned defendant, “If you violate your probation in this case, the court can sentence you either to two years, three years or five years in state prison.” On July 30, 2020, defendant filed an application for resentencing of the 1998 robbery conviction pursuant to section 1170.18, a statute added by Proposition 47. Defendant stated that he was convicted in 1998 of second degree robbery. Defendant described the offense as “ ‘purse snatching.’ ” The People opposed the petition on the ground that defendant’s robbery conviction does not qualify for Proposition 47 relief. The trial court summarily denied defendant’s application for resentencing. After an examination of the record, appellate counsel filed an opening…