P. v. Sandoval
Defendant was charged with one count of possessing an inmate manufactured stabbing weapon while confined in a penal institution. The amended information also alleged that defendant had two prior felony convictions. The court bifurcated the two prior felony allegations from the possession charge.
Before trial the court denied defendants two motions to strike one of his prior felony convictions pursuant to Penal Code section 1385, subdivision (a), and People v. Superior Court (Romero) (1996) 13 Cal.4th 497, 530. A jury subsequently found defendant guilty of the possession charge. Defendant waived a jury trial on the prior felony allegations and the trial court found those allegations to be true. The court then denied a renewed Romeromotion to strike one of the prior felony convictions. Subsequently, the court sentenced defendant to a term of 25 years to life in accordance with the three strikes law. On appeal, defendant contends the trial court abused its discretion by declining to dismiss one of [his] strike priors. Specifically, defendant contends the court did not give sufficient weight to the nature and circumstances of [his current] crime, but instead based its denial of [his] Romero motion on the nature of his [prior felony convictions]. Upon review of the proceedings, Court conclude the trial court did not abuse its discretion when it denied defendants multiple motions to dismiss one of his prior felony convictions. Accordingly, Court affirm the judgment.
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