P.

P. v. Meyers CA1/4

Good Law
Court of Appeal of CaliforniaMarch 7, 2013A132787California1,898 words

Opinion

Opinion

Humes, J.

I. BACKGROUND

On February 14, 2010, Meyers walked into a bar in San Francisco where the owner was counting the receipts from the previous night. Meyers grabbed some of the money. The bar owner tried to stop him and a struggle ensued. Meyers eventually dropped or threw down the money and left the bar empty-handed. The police, responding to a 911 call, apprehended Meyers.

1 The district attorney charged Meyers with attempted second degree robbery (Pen. Code, §§ 664, 211).1 The information alleged two prior serious felony strike convictions (§§ 667, subds. (d), (e); 1170.12, subds. (b), (c)) and nine prior felony convictions for which Meyers had served prison terms (§ 667.5, subd. (b)). A jury found Meyers guilty of the lesser included offense of attempted grand theft (§§ 664, 487). Regarding the prior conviction allegations, the parties entered into a stipulation whereby the district attorney agreed to dismiss one of the strike allegations, and Meyers agreed to admit all of the remaining prior conviction allegations, including one strike. The court then sentenced Meyers to five years in prison by imposing the middle term (one year) for the attempted grand theft conviction,…

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