P. v. Tamplin
Appellant Dwight Tamplin, Jr., was convicted after jury trial of being a felon in possession of a handgun and a street gang enhancement was found true. (Pen. Code, 12021, subd. (a)(1) & 186.22, subd. (b)(1).) In a subsequent bifurcated proceeding, four prior strikes were found true. ( 667, subds. (b)-(i), 1170.12 & subds. (a)-(d).) Appellant was sentenced to an aggregate term of 45 years to life imprisonment. On May 10, 2007, we issued an opinion in appellants first appeal, case No. F050103, affirming the judgment of conviction but vacating the sentence and remanding the matter for resentencing.
On August 28, 2007, the trial court denied appellants request to dismiss one or more of his prior serious felony convictions pursuant to section 1385 and People v. Superior Court (Romero) (1996) 13 Cal.4th 497 (Romero). The court sentenced appellant to prison for a term of 25 years to life plus an additional three years for the gang enhancement. Appellant contends the trial court abused its discretion in denying his request pursuant to Romero. Court disagree and will affirm.
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