People v. Bailey CA3

Filed 1/27/25 P. v. Bailey CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (San Joaquin) ----

THE PEOPLE, C097933

Plaintiff and Respondent, (Super. Ct. Nos. STK-CR-FE- 1993-0006228, STK-CR-FE- v. 1993-0006229, SC056097A, SC056098A) ROBIN LYNN BAILEY,

Defendant and Appellant.

In 1994, defendant Robin Lynn Bailey was convicted in two separate cases of assault with a firearm, robbery, and other felonies. In both cases, the court also found true the allegations qualifying Bailey as a habitual offender based on two prior robbery convictions in 1985 and 1989 (Pen. Code, § 667.7).1 The court imposed an indeterminate term of life under the habitual offender statute and a combined aggregate determinate sentence of 24 years on the felony offenses in both cases.

1 Undesignated statutory references are to the Penal Code.

1

In 2022, Bailey filed a motion for resentencing under sections 1172.75 and 1385, which sought to dismiss one of Bailey’s two prior robbery convictions supporting the habitual offender finding and strike all enhancements. The trial court granted the motion in part. It struck Bailey’s three prison priors, one serious felony enhancement, and reduced the sentence of one enhancement from five years to four. But the court declined to dismiss any of the prior robbery convictions. Bailey claims the trial court erred by not dismissing either of the prior robbery convictions underlying the habitual offender finding, arguing insufficient evidence supports the trial court’s finding that dismissal of a robbery conviction was not in the interests of justice. We conclude the court did not abuse its discretion and will affirm. FACTUAL AND PROCEDURAL BACKGROUND In 1993, the People charged Bailey with several felonies in two separate cases. In the first case (assault case), an amended complaint charged Bailey with assault with a firearm (§ 245, subd. (a)(2)) and felon in possession of a firearm (former § 12021, subd. (a)). It also alleged Bailey used a firearm during the assault (§ 12022.5) and personally inflicted great bodily injury (§ 12022.7), and alleged two prior strike convictions and three prior prison term enhancements. (§§ 667, subd. (a), 667.5, subds. (a)-(b).) In the second case (robbery case), an information charged Bailey with robbery (§ 211), using a firearm during the robbery (§ 12022.5), and with personal infliction of great bodily injury (§ 12022.7). The information also alleged two prior strike convictions and three prior prison term enhancements. (§§ 667, subd. (a), 667.5, subds. (a)-(b).). The People charged Bailey as a habitual offender in both the assault case and the robbery case, based on two prior robbery convictions suffered by Bailey in 1985 and 1989 (§ 667.7, subd. (a)). After a consolidated trial, a jury convicted Bailey of assault with a firearm and robbery. The jury also found true the personal firearm use and great bodily injury allegations in the assault case and the personal firearm use allegation in the robbery case.