Released Robber Robs Again the Next Day

On May 7, convicted robber Eric Gray was released from San Quentin. The next day he robbed a bank in Orange County, California and held three employees prisoner. He presently faces charges in federal court. The Orange County Register has this article.

The federal complaint states that “Gray has a lengthy criminal history that includes, but is not limited to, grand theft auto, robbery, sexual battery, and narcotics-related offenses.

According to the O.C. Register story, “Gray pleaded guilty to robbery Sept. 12, 2023, according to court records. He was sentenced to two years in prison for the Oct. 4, 2022, robbery.”

Why did a recidivist with an already lengthy record get only two years for robbery? That is the low-end sentence for second-degree robbery, which can draw a sentence of two, three, or five years. (Cal. PC § 213.) The federal complaint also says he “had served multiple prison sentences,” so enhancements should have been available. It would appear that he got a very favorable plea bargain.

But even with a two-year sentence, why was he out in eight months? No doubt he had some credit for pre-sentence time in county jail, but not enough for a release that early. A California statute limits violent felons (including robbers) to 15% credits for good behavior, but CDCR claims the power to grant more under Proposition 57. It appears likely that the excess credits are a “but for” cause of this crime.