People v. Shaffer CA3

BACKGROUND

On December 10, 2020, defendant was charged in a first amended information with first degree robbery (Pen. Code, § 211; count 1),1 assault with a firearm (§ 245, subd. (a)(2); count 2), and false imprisonment by violence (§ 236; count 3). Various enhancements for personally using a firearm during the offenses were also alleged. (§§ 12022.5, subd. (a), 12022.53, subd. (b).) That same day, defendant pleaded no contest to count 1 in exchange for dismissal of the remaining counts and allegations with a Harvey2 waiver. The parties stipulated to the probation report as the factual basis for the plea. According to the probation report, which was based on information derived from Chico Police Department report No. 20-003282, on the afternoon of June 20, 2020, defendant and a cohort arrived at a residence in Chico to sell the victim marijuana; the victim’s girlfriend was also present. As the victim bent over to inspect the marijuana, he was struck on the head and fell to the floor. Defendant and his friend continued to strike and kick the victim, and defendant hit the victim in the head with a firearm. Defendant demanded to know where the victim’s money was located, and the…