P. v. Dimery
On September 19, 2006, appellant, Ray Dimery III, was charged in a criminal complaint with feloniously making a criminal threat (Pen. Code, 422, count one),[1]being a convicted felon in possession of a firearm ( 12021.1, count two) and misdemeanor vandalism ( 594, subd. (a), count three). The complaint alleged that appellant had a prior serious felony conviction in 1990 for robbery within the meaning of the three strikes law ( 211, 667, subds. (b)-(i) & 1170.12, subds. (a)-(d)). On October 3, 2006, the court granted the prosecutors motion to amend count two to allege a violation of subdivision (a)(1) of section 12021 and to add, by interlineation, a prior prison term enhancement allegation ( 667.5, subd. (b)) for the 1990 robbery. The parties entered into a plea agreement whereby appellant agreed to plead no contest to count two and admit the three strikes allegation and the prior prison term enhancement. The court indicated a prison term of three years and agreed to exercise its discretion pursuant to People v. Superior Court (Romero) (1996) 13 Cal.4th 497 (Romero) to strike the prior serious felony allegation. The judgment is affirmed.
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