P.

STATEMENT OF THE CASE3

As the result of an incident that occurred on April 9, 2003, defendant was charged by information in September 2004 with four counts of second degree robbery

1 All further unspecified statutory references are to the Penal Code. 2 This court denied the Attorney General’s motion to dismiss the appeal, and deemed the motion to be the respondent’s brief. 3 The underlying facts of this case are irrelevant to the issue on appeal. (§§ 211/212.5, subd. (c); counts 1, 2, 11, 12), two counts of false imprisonment (§§ 236/237; counts 3 and 4), two counts of carjacking (§ 215; counts 5 and 10), two counts of attempted first degree murder of a peace officer (§§ 664, subd. (f)/187, subd. (a); counts 6 and 7), one count of attempted carjacking (§§ 664/215; count 8), and one count of kidnapping (§ 207, subd. (a); count 9). The information also alleged weapons enhancements as to the charges (§§ 12022, subds. (a)(1), 12022.53, subd. (b)), that he had three prior strike convictions (§§ 667, subds. (b-i), two prior convictions for a serious felonies (§ 667, subd. (a)), and one prior felony conviction for which he served a prison term (§ 667.5, subd. (b)). As part of…