People v. Aversa CA4/2

BACKGROUND

In January 2017, Aversa pled no contest to second degree robbery (§ 211),

admitted personally using a deadly weapon (§ 12022, subd. (b)(1)), and admitted serving

two prior prison terms under former section 667.5, subdivision (b). One prior prison term

involved a 2002 conviction for shooting at an inhabited dwelling (§ 246); the other prior

prison term involved a 2008 conviction for possession of a firearm by a felon (former

§ 12021, subd. (a)(1)). In accordance with the plea agreement, the court dismissed other

enhancement allegations. The court placed Aversa on probation for five years.

Roughly one year later, the People filed a felony complaint alleging that Aversa

had committed first degree residential burglary (§ 459). In June 2018, Aversa pled no

contest to first degree burglary, and the court dismissed a number of related enhancement

allegations. Aversa also admitted violating the terms of probation in his robbery case,

and the court revoked probation. Pursuant to a plea agreement, the court sentenced

Aversa to eight years in prison in the robbery case, consisting of the upper term of five

years for robbery, one year for the deadly weapon…