Gutierrez

A jury convicted defendant of second degree robbery (Pen. Code, §211; undesignated section references are to this code) and false imprisonment by violence (§ 236) and found that he was armed with a *17 firearm during the commission of the offenses (§ 12022, subd. (a)(1)). In bifurcated proceedings, the court found that defendant had a prior felony conviction within the meaning of the “Three Strikes” law (§§ 667, subds. (b)-(i), 1170.12) and within the meaning of section 667, subdivision (a) and that defendant had served three prior prison terms within the meaning of section 667.5, subdivision (b).

Thereafter, but prior to sentencing, the court granted the prosecution’s motion to file an amended information adding two 1982 Nevada priors for robbery as strike priors (§§ 667, subds. (b)-(i), 1170.12) and as five-year enhancements (§ 667, subd. (a)). Before trial on the priors, the prosecutor indicated there was only one Nevada prior, not two. A jury found the Nevada state robbery conviction to be true.

The court granted defendant’s motion to strike the Nevada state robbery conviction as a strike prior (§ 1385; People v. Superior Court (Romero) (1996) 13 Cal.4th 497 [ 53…