People v. Clark CA3

BACKGROUND

On January 10, 2012, defendant entered his victims’ home and, acting in concert with two or more people, pointed a firearm at multiple victims and stole a safe.

1 The People filed an amended information accusing defendant of kidnapping to commit robbery (counts 1 & 2; Pen. Code,1 § 209, subd. (b)(1)), first degree robbery (counts 3, 4, & 6; § 211), and assault with a firearm (count 5; § 245, subd. (a)(2)). As to count 4, it was alleged that defendant voluntarily acted in concert with two or more other persons. (§ 213, subd. (a).) As to counts 1 through 4, it was alleged that defendant personally used a firearm. (§ 12022.53, subd. (b).) It was further alleged that defendant had three prior strike convictions. (§§ 667, subds. (b)-(i), 1170.12.) Defendant pled no contest to count 4 and admitted the firearm enhancement on that count and one prior strike, in return for a stipulated sentence of 28 years in state prison and the dismissal of the remaining counts and allegations with a Harvey2 waiver for restitution. Defendant waived referral to probation. The trial court sentenced defendant to the stipulated 28-year term, consisting of the upper term of nine years on count 4,…