P. v. Wells
Defendant Mustafa Ameen Wells was charged with first degree burglary in Santa Clara County (Pen. Code section 459/460(a)).[1] It was further alleged that a person other than an accomplice was present in the residence during the burglary ( 667.5, subd. (c)(21)). Three prior strike convictions within the meaning of sections 667, subdivisions (b)-(i) and 1170.12 were also alleged, as well as three prior serious felony convictions within the meaning of section 667, subdivision (a). On October 12, 2007, the court denied the Romero motion, denied probation and sentenced defendant to nine years in prison (the mitigated term of two years doubled to four for the burglary plus a consecutive term of five years for the serious felony prior). Defendant filed a timely notice of appeal, based upon the sentence or other matters occurring after the plea.
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