P. v. Simpson CA4/3
Timogen Anthony Simpson contends the sentencing court erred in determining his 2009 Washington robbery conviction was a serious or violent felony under California law. He argues that under Descamps v. United States (2013) 570 U.S. 254 (Descamps) and People v. Gallardo (2017) 4 Cal.5th 120 (Gallardo), the court could do no more than compare the legal elements of robbery under Washington law to the legal elements of robbery in Penal Code section 211. Simpson asserts the court erred when it considered the additional facts Simpson expressly admitted in entering his Washington plea. Contrary to Simpson’s assertion, Gallardo authorized the sentencing court to rely upon facts admitted by a defendant as the basis for a guilty plea. We find no error and affirm the judgment.
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