The attorney of Leroy James Colbert, John Casenave, asked Judge Bernard Garber to expunge from Colbert’s record two previous robberies before sentencing him for robbing the Tracy bank at 1175 N. Tracy Blvd. on April 4.
Under California’s Three Strikes law, Colbert could be sentenced to prison for 25 years to life for his third felony conviction.
The judge delayed sentencing to Nov. 28 to consider Casenave’s request.
Casenave said in a telephone interview that Colbert was convicted for separate robberies of a business and a bank in 1999, for which he served prison time. Casenave said he didn’t want those previous convictions to factor into Colbert’s sentencing.
Casenave said the court motion factors in several things, including Colbert’s age, the nature of his previous convictions and his lack of criminal activity over the past 12 years.
“(I’m) asking the court to strike strikes based on the fact that he’s not the type of person to be punished forever,” Casenave said. “This guy’s never hurt anybody, ever.”
According to Casenave, Colbert was homeless and living under a bridge at the time of the Bank of Stockton robbery.
Colbert and another man, George Beesley, 41, both since admitted they robbed the bank, were caught by Tracy police a few minutes after the robbery in a car at the intersection of Tracy Boulevard and Interstate 205.
No weapons were used, and no one was reportedly injured in the robbery, police reported.
According to Deputy District Attorney Ron Indran, Beesley had pleaded guilty to one count of robbery earlier this year. He is already serving prison time at Deuel Vocational Institution in rural Tracy, he said.
Colbert’s sentencing and motion hearing has been rescheduled to 9 a.m. Nov. 28 in Stockton court.
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