P. v. Simms
Defendant pleaded guilty to two counts of robbery (Pen. Code, 211)[1]and admitted that in both counts a principal was armed with a handgun ( 12022, subd. (a)(1)). Defendant also admitted that he had suffered one prior serious felony conviction ( 667, subd. (a)) and three prior strike convictions ( 667, subds. (c)-(e)(2)(A), 1170.12, subd. (c)(2)(A)). After the trial court denied defendants motion to dismiss his prior strike convictions, defendant was sentenced to a total term of 27 years to life. On appeal, defendant contends the trial court abused its discretion in not dismissing his prior strike convictions. Because the record is clear that the trial court misunderstood its sentencing discretion, Court remand the matter for resentencing.
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