People v. Meza CA2/2

BACKGROUND

Appellant and his codefendant were each charged with two counts of second degree robbery in violation of section 211. In connection with both robbery counts, it was further alleged that McClellan personally used a deadly and dangerous weapon, a knife. (§ 12022, subd. (b)(1).) Appellant was also charged with petty theft from a pawnbroker or secondhand handler, a misdemeanor, in violation of section 484.1, subdivision (a). The charges exposed appellant to a possible sentence of over six years in state prison. On January 4, 2001, appellant accepted a plea bargain in which he pleaded guilty to one count of second degree robbery in exchange for a low term sentence of two years in state prison suspended, and formal probation for three years with a year in county jail. On February 15, 2001, appellant was sentenced pursuant to his plea bargain, and the remaining counts were dismissed.

3 The probation officer’s report filed February 15, 2001, states that appellant was born in San Salvador, El Salvador, and came to the United States when he was four years old. He became a permanent resident alien of the United States along with his parents when he was eight years old. The…