P.v. Romero
Stewart Humberto Romero (Romero) appeals from the judgment entered following a jury trial which resulted in his conviction of two counts of assault with a firearm (Pen. Code, 245, subd. (a)(2)),[1]during each of which he personally used a firearm ( 12022.5) and during one of which he was released on bail
( 12022.1), and his admission he had previously suffered a felony juvenile adjudication within the meaning of the Three Strikes law ( 667, subds. (b)-(i), 1170.12, subds. (a)-(d)). The trial court sentenced Romero to 21 years, four months in prison. Romeros contentions, that there is insufficient evidence to support the finding he committed one of the assaults, that his trial counsel was ineffective and that the trial court abused its discretion when it denied his motion to strike or dismiss his Three Strikes prior juvenile adjudication in furtherance of justice are without merit. Also without merit is his assertion the trial court violated the mandates of Cunningham v. California (2007) 549 U.S. [127 S.Ct. 856] (Cunningham) when it imposed the upper term of 10 years in prison for his personal use of a firearm during an assault. Accordingly, the judgment is affirmed.
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