P. v. Chapman
In 1985, the defendant was convicted of two sex offenses. In 2007, a jury found him guilty of failing to register as a sex offender (Pen. Code, 290, subd. (g)(2)[1]), and the court made true findings on allegations he had previously served a prison term (prison prior) (Pen. Code, 667.5, subd. (b)), and that he had been previously convicted of two serious or violent felonies (Strikes). (Pen. Code, 667, subd. (e)(ii).) The trial court granted a defense motion to strike one of the Strikes and sentenced defendant to seven years in state prison, consisting of the upper term of three years for the failure to register, doubled for the remaining Strike, plus a one-year enhancement for the prison prior. The People appeal, arguing the trial court abused its discretion in granting the motion to strike one of the prior serious felony convictions pursuant to People v. Superior Court (Romero) (1996) 13 Cal.4th 497 (Romero). (Pen. Code, 1238, subd. (a)(10).)
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