People v. Harrell CA5

BACKGROUND

On December 3, 1997, when defendant was 22 years old, he committed the crimes underlying the convictions in this case. On June 10, 1998, the Stanislaus County District Attorney filed a second amended information charging defendant with two counts of attempted robbery (§§ 664, 211, 212.5; counts 1 & 4), three counts of robbery (§§ 211, 212.5; counts 2, 3 & 5), burglary of an inhabited building (§ 459; count 6), and conspiracy to commit robbery (§§ 182, 211, 212.5; count 7). The information further alleged a firearm enhancement (§ 12022.5) and gang enhancement (§ 186.22, subd. (b)(1)) as to each count, and alleged that defendant had suffered two prior serious felony convictions (§ 667, subd. (a)) and two prior “strike” convictions within the meaning of the Three Strikes law (§§ 667, subds. (b)–(i), 1170.12, subds. (a)–(d)). On October 6, 1998, a jury found defendant guilty of all counts and found true all special allegations.

All statutory references are to the Penal Code. People v. Franklin (2016) 63 Cal.4th 261 (Franklin).

2. On November 24, 1998, the trial court sentenced defendant pursuant to the Three Strikes law to 140 years 10 months. In 2001, we…