P. v. Romero
John Anthony Romero appeals from the judgment entered following a jury trial in which he was convicted of second degree robbery, count 1 (Pen. Code, 211), dissuading a witness from reporting a crime, count 2 (Pen. Code, 136.1, subd. (b)(1)), possession of a controlled substance, heroin, count 3 (Health & Saf. Code, 11350, subd. (a)) with the finding as to all counts that at the time he committed the offenses he was released from custody on his own recognizance within the meaning of Penal Code section 12022.1.[1] Following a court trial, appellant was found to have suffered a prior juvenile adjudication for discharging a firearm in a grossly negligent manner (Pen. Code, 246.3), a serious or violent felony within the meaning of the Three Strikes law (Pen. Code, 1170.12, subds. (a) - (d) and 667, subdivision (b) through (i).) Additionally, he was found to have served a prior prison term within the meaning of Penal Code section 667.5, subdivision (b). Appellant was sentenced to prison for a total of eight years and contends the federal constitution prohibits the use of a juvenile adjudication as a strike under the Three Strikes law. For reasons stated in the opinion Court affirm the judgment.
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