P. v. Degante CA4/3
An information charged Jesse Degante with attempted robbery (Pen. Code, §§ 664, subd. (a), 211, 212.5, subd. (c); count 1) by use of a deadly weapon (§ 12022, subd. (b)(1)), assault with a deadly weapon (§ 245, subd. (a)(1); count 2), and brandishing a deadly weapon (§ 417, subd. (a)(1); count 3). The information alleged defendant had two prior strikes under the “Three Strikes law” (§§ 667, subds. (d), (e)(2)(A)), 1170.12, subds. (b), (c)(2)(A)), two prior serious felony convictions (§ 667, subd. (a)(1)), and served a prior prison term (§ 667.5, subd. (b)).
A jury convicted defendant of attempted robbery and brandishing a deadly weapon, and found true the allegation defendant used a deadly weapon to commit attempted robbery. Count 2 was dismissed following a mistrial. The court found true all prior conviction allegations and sentenced defendant to 15 years.
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