P. v. Berryman CA2/8
Defendant James Jeron Berryman appeals from the judgment entered following trial before a second jury, the trial court having declared a mistrial after the first jury declared it was hopelessly deadlocked. The jury found defendant guilty of second degree robbery (Pen. Code, § 211; count 1), attempted second degree robbery (§§ 664, 211; count 2), and making criminal threats (§ 422, subd. (a); count 3). The trial court found true the allegations that he had suffered two prior serious felony convictions (§ 667, subd. (a)) that constitute strikes under the Three Strikes law (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)).
After dismissing one strike, the trial court sentenced defendant to prison to an aggregate term of 21 years 4 months on counts 1 and 2. Imposition of sentence was stayed on count 3 (§ 654).
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