P.
P. v. Gadley CA5
Opinion
Opinion
FACTS AND PROCEDURAL HISTORY
On May 23, 2011, as 66-year-old Adan Macias walked to the bus stop late at night after leaving work in downtown Fresno, defendant and an accomplice knocked him to the ground. Defendant kicked Macias and the accomplice stole money from his person. A jury found defendant guilty of second degree robbery in violation of Penal Code section 211. Defendant admitted two prior serious or violent convictions under the “Three Strikes” law (see Pen. Code, § 667, subds. (b)-(i); id., § 1170.12, subds. (a)-(d)) and admitted other enhancement allegations. After considering defendant’s invitation to strike the two prior strike convictions, the court exercised its discretion to strike one of the prior strikes for purposes of sentencing in the present case. (See People v. Superior Court (Romero) (1996) 13 Cal.4th 497, 529-530.) The court sentenced defendant to the upper term of five years for the robbery, doubled, because of the remaining strike. (See Pen. Code, § 667, subd. (e)(1).) The court also struck one prior prison term enhancement and imposed sentence on other prior conviction and prior prison term enhancements (see Pen. Code, §§ 667, subd. (a)(1), 667.5, subd.…