People v. Rosbury

Opinion

MOSK, J.

Terral Darnell McMillan, Edward Rosbury’s codefendant, was convicted of an attempted second degree robbery he committed in 1994. (Pen. Code, §§ 211, 664, & former § 212.5, subd. (b), as added by Stats. 1986, ch. 1428, § 2, p. 5123.) He was prosecuted under the three strikes law codified at Penal Code section 667. 1 As required by subdivision (c) of section 667, the prosecution “pled and proved” that he had “one or more prior felony convictions as defined in subdivision (d)”—namely, a prior conviction for a 1993 robbery, a serious felony (§ 1192.7, subd. (c)(19)). He was on…