People v. Robbins CA4/1

I.

BACKGROUND

A. Current Convictions A jury found Robbins guilty of eight counts of robbery (Pen. Code, § 211; subsequent section references are to this code), three counts of attempted robbery (§§ 21a, 211), and one count of burglary (§ 459), and found true firearm enhancement allegations attached to the robbery and attempted robbery counts (§ 12022.53, subd. (b)). Robbins admitted allegations he had served a prior prison term (former § 667.5, subd. (b)) and had a prior robbery conviction that constituted a serious felony for purposes of a five-year enhancement (§ 667, subd. (a)(1)) and a strike for purpose of the Three Strikes law (§ 667, subds. (b)–(i), 1170.12). On October 16, 2015, the trial court denied Robbins’s motion to dismiss the allegation of the prior strike conviction and sentenced Robbins as a second-strike offender to an aggregate prison term of 41 years eight months. The term included a total of 20 years in firearm enhancements and five years for the prior serious felony conviction that Robbins admitted. This court affirmed the judgment. (People v. Robbins (Aug. 5, 2016, D069077) [nonpub. opn.].) B. Recommendation for Recall and Resentencing By letter…