P. v. Gonzales
Defendant and respondent Gerardo Sanchez Gonzales was charged with possession of drug paraphernalia by an inmate. (Pen. Code, 4573.6.)[1] It was also alleged that he had served two prior prison terms ( 667.5, subd. (b)) and had two prior strike convictions ( 667, subds. (c) & (e)(1), 1170.12, subd. (c)(1)). Defendant pled guilty and admitted all of the prior strike convictions and prison prior allegations. The trial court sentenced him to a total prison term of 10 years.
The People appeal, arguing the trial court abused its discretion in granting the motion to strike one of defendants strike convictions pursuant to People v. Superior Court (Romero) (1996) 13 Cal.4th 497 (Romero). Court agree with the People and will reverse the ruling and remand the matter to the trial court to resentence defendant.
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