People v. Thierry CA2/4

INTRODUCTION AND PROCEDURAL BACKGROUND

In 2011, a jury convicted defendant and appellant Albert Martin Thierry of two counts of second degree robbery (Pen. Code,1 § 211); second degree commercial burglary (§ 459); use of tear gas (former § 12403.7, subd. (g)); and grand theft of personal property. (§ 487, subd. (a).) On one of the robbery counts and on the theft count, the jury found true the allegation that Thierry used a dangerous and deadly weapon (pepper spray). (§ 12022, subd. (b)(1).) The jury also found true the allegations Thierry sustained prior strike convictions and four prior serious felony convictions. (§§ 1170.12, subds. (a)-(d); 667, subds. (a)(1), (b)-(i).) Although the information alleged Thierry served prior prison terms (§ 667.5, subd. (b)), the trial court did not impose enhancements on those allegations. As this case fell under the Three Strikes law, the trial court sentenced Thierry to 65 years to life in state prison, consisting of consecutive terms of 25 years to life on the robbery counts, plus 15 years for the 3 prior serious felony enhancements, in addition to concurrent determinate terms and stayed sentences on other counts. At a resentencing hearing…