People v. Criado CA6

I. FACTS AND PROCEDURAL BACKGROUND2

Criado robbed a gas station in Big Sur and threatened a store clerk at the station with a knife. When officers arrested Criado, he had the knife “ ‘clipped on [his] side.’ ” Following a two-day trial, a jury found Criado guilty of robbery (§ 211) and misdemeanor possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)). The jury also found Criado had personally used a deadly or dangerous weapon during the commission of the robbery. (§ 12022, subd. (b)(1).) Criado waived his right to a jury trial on the remaining enhancements, and the trial court found true the allegations that Criado had served two prior prison commitments. (§ 667.5(b).) One of the prison priors was for check fraud (§ 476) and burglary (§ 459), and the other was for assault with a deadly weapon (§ 245). The probation report prepared for Criado’s original sentencing identified the following five possible factors in aggravation: The crime involved the threat of great bodily harm to the victim as he was performing his job duties (Cal. Rules of Court, rule

2 We recite only the facts and procedural history relevant to the issues in this appeal. This court previously…