P. v. Atkins CA1/5
In March 2016, an amended information was filed charging appellant with first degree residential robbery (§ 212.5, subd. (a); count 1), false imprisonment (§ 236; count 2), battery (§ 243, subd. (e)(1); count 3), taking a vehicle without consent (Veh. Code, § 10851, subd. (a); count 4), and vandalism (§ 594, subd. (a); count 5). The information alleged appellant had been convicted of two or more prior serious and/or violent felonies (strikes) (§ 1170.12, subd. (c)(2)), in addition to other allegations based on prior convictions and prison terms. The information was further amended to allege only one strike prior (§ 1170.12, subd. (c)(1)).
Appellant agreed to plead no contest to felony vehicle theft in count 4 and misdemeanor vandalism in count 5, and to admit one strike prior (§ 1170.12, subd. (c)(1)) and probation ineligibility (§ 1203, subd. (e)(4)), in exchange for a maximum sentence of 32 months and consideration of his Romero motion and request for probation. In Jul
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