P. v. Johnson
Defendant and appellant Quentin Dushawn Johnson was charged with unlawfully taking and driving a vehicle (Veh. Code, 10851, subd. (a), count 1) and receiving a stolen vehicle (Pen. Code, 496d, subd. (a), count 2). It was also alleged that he had one prior strike conviction. (Pen. Code, 667, subds. (b)-(i), 1170.12, subds. (a)-(d).) At his first trial, a jury acquitted him of count 1 and could not reach a verdict on count 2. A mistrial was declared on count 2 and a retrial was scheduled. At the second trial, the jury found defendant guilty on count 2. Defendant admitted his prior strike conviction. He made a motion to dismiss his prior strike under People v. Superior Court (Romero) (1996) 13 Cal.4th 497 (Romero), but the court denied the motion. The court then sentenced him to the midterm of two years, doubled pursuant to the strike, for a total of four years in state prison. The court also ordered defendant to pay $150 in victim restitution under Penal Code section 1202.4.
On appeal, defendant contends that: 1) the court abused its discretion by refusing to strike his strike conviction; and 2) the order of victim restitution was unauthorized. Court affirm.
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