P.

INTRODUCTION

On December 16, 2011, an information charged defendant and appellant

Christopher Lee Brown with robbery under Penal Code1 section 211. The information

also alleged that defendant had served three prior prison terms under section 667.5,

subdivision (b). Moreover, the information alleged that defendant previously had been

convicted of a serious or violent felony, which constituted a strike prior under section

667, subdivisions (c) and (e)(1), and section 1170.12, subdivision (c)(1). The

information further alleged that defendant had a prior conviction for a serious felony

under section 667, subdivision (a). The information was subsequently amended to allege

that defendant had a second strike prior.

On March 12, 2012, jury trial commenced. Three days later, the jury found

defendant guilty of robbery in violation of section 211.2 Defendant then waived his right

to a jury trial on the prior convictions. The trial court dismissed two of the prior prison

terms alleged under section 667.5, subdivision (b), on the prosecutor’s motion. The trial

court then found that defendant had served the remaining prior prison term under section

667.5, subdivision (b). The…