People v. Lewis CA1/5

I. FACTS AND PROCEDURAL HISTORY

A September 2017 information charged Lewis with two counts of second degree robbery (Pen. Code, § 211).1 The information alleged that he personally used a deadly and dangerous weapon (§ 12022, subd. (b)(1)) and had seven prison priors (§ 667.5, subd. (b)). Pursuant to a plea agreement in August 2018, Lewis entered a plea of nolo contendere to one count of robbery with a “Harvey waiver” (People v.

All statutory references are to the Penal Code. 1 Harvey (1979) 25 Cal.3d 754) and admitted the allegations of the weapon enhancement (§ 12022, subd. (b)(1)) and three prison-prior enhancements (§ 667.5, subd. (b)). On the People’s motion, the court dismissed the other count and allegations. In September 2018, the court sentenced Lewis to a total of nine years in state prison, comprised of the upper term of five years for the robbery conviction and a consecutive one-year term for each of the four enhancements. The court awarded Lewis 556 days of presentence credits, consisting of 484 actual days and 72 conduct days, pursuant to section 2933.1. In January, February, and March 2019, Lewis submitted pro per requests to modify his sentence by…