People v. Riggs

*1128Opinion

RAYE, J.

A jury convicted defendant of receiving stolen property. (Pen. Code, § 496, subd. (a).)1 He admitted having suffered one prior “strike,” a 1995 robbery conviction (§211) arising out of an attempted shoplifting. The court, pursuant to section 1385, denied defendant’s motion to dismiss the strike prior and sentenced him to the two-year prison midterm, doubled under section 1170.12, subdivision (c)(1).

At the time of sentencing, defendant was serving a sentence for a 1997 second degree burglary conviction (§ 459) in El Dorado County, also arising out of an attempted shoplifting,…