P.

BACKGROUND

Defendant stole a bottle of vodka from a drugstore liquor department. As he fled the store, a knife fell from his pocket. The assistant manager pursued defendant, but allowed defendant to continue his escape after it appeared to the assistant manager that defendant might cause him harm. As a result, defendant was charged with second degree robbery in violation of Penal Code section 2111 (count 1) and second degree commercial burglary in violation of section 459 (count 2). The amended information also alleged that defendant had committed a felony as a juvenile, and that the juvenile adjudication qualified as a “strike” within the meaning of the “Three Strikes” law (§§ 667, subds. (b)- (i), 1170.12, subds. (a)-(d)). A prior juvenile adjudication was also alleged for purposes of the five-year sentence enhancement of section 667, subdivision (a)(1).2 Defendant pled not guilty and denied the prior juvenile adjudications. The trial court suspended the proceedings pursuant to section 1368, and reinstated them after finding defendant competent to stand trial, which went forward on November 9, 2010.

All further statutory references are to the Penal Code, unless…