Unreported / Non-Citable
Background
Joshua Aleman was charged by information with second degree robbery after an incident at a Circle K store in Rowland Heights. The information alleged a prior domestic violence conviction for purposes of the Three Strikes law, citing Penal Code sections 667(d) and 1170.12(b), but it did not allege a separate five-year prior serious felony enhancement under section 667, subdivision (a)(1). It stated a maximum sentence of 10 years, and the prosecution's trial brief likewise described Aleman's maximum exposure as 10 years in state prison.
A jury convicted Aleman of second degree robbery on November 13, 2024. In a bifurcated proceeding, the trial court found true the strike prior allegation and a prior-prison-term allegation relevant to aggravation. The prosecution first sought the additional five-year enhancement in its November 19 sentencing brief, while acknowledging that the information did not allege it. At the April 24, 2025 sentencing hearing, the court denied Aleman's motion to dismiss the strike and imposed nine years: a two-year low term doubled under the strike law, plus five consecutive years under section 667(a)(1). Defense counsel did not object to the uncharged enhancement.
The Court’s Holding
The Court of Appeal held that alleging the prior conviction for Three Strikes purposes did not give Aleman fair notice that the prosecution would also use it to impose a different five-year enhancement. Relying on People v. Anderson and People v. Nguyen, the court explained that section 1170.1, subdivision (e), and due process require more than placing the underlying facts somewhere in an information. The pleading must adequately communicate the potential sentence and how the prosecution intends to exercise its charging discretion. The authorities offered by the prosecution did not resolve whether an unpled enhancement could be imposed without notice.
Although Aleman had not objected below, the court exercised its discretion to reach the statutory claim because the error was clear and obvious, affected substantial rights, and implicated the overall fairness of the proceeding. It clarified that Anderson, rather than the unauthorized-sentence rationale used in Nguyen, supplied the basis for review. The error was not harmless: the prosecution disclosed its intent only after the guilt phase, too late for Aleman to reconsider the plea offer or adjust trial strategy in light of facing 15 years rather than 10. The court reversed the enhancement, vacated the sentence, and remanded with directions to strike the enhancement and conduct a full resentencing so the trial court could exercise discretion under the changed circumstances.
Key Takeaways
- A prior conviction alleged specifically to support Three Strikes sentencing does not, without more, provide fair notice of a separate section 667(a)(1) enhancement.
- An appellate court may address a forfeited unpled-enhancement claim when the error is clear and obvious and affects the defendant's substantial rights and the fairness of the proceeding.
- Notice first provided after the guilt phase can be too late because the defendant has already lost the opportunity to make informed plea, investigation, and trial-strategy decisions.
- The judgment of conviction was not overturned; the enhancement was reversed, the sentence was vacated, and the case was remanded for a full resentencing.
Why It Matters
The decision applies California Supreme Court notice principles to a recurring sentencing problem: a factual allegation made for one statutory purpose cannot silently be repurposed to increase punishment under another statute. It also distinguishes discretionary appellate review of a clear pleading error from treating every such error as an unauthorized sentence.
The harmless-error analysis focuses on the practical timing of notice rather than requiring speculation about whether Aleman would have accepted a plea. The remand permits a complete reconsideration of sentencing discretion, but the opinion directs that the uncharged five-year enhancement be struck.