P. v. Astorga
On September 2, 2008, appellant, Pablo Humberto Astorga, was charged in an information with possessing narcotics in jail (Pen. Code, 4573.6).[1] It was further alleged Astorga had a prior serious felony conviction within the meaning of the three strikes law. On October 29, 2008, a jury found Astorga guilty of the allegation. Astorga waived his constitutional rights and admitted the prior serious felony conviction.
Astorga filed a request pursuant to People v. SuperiorCourt (Romero) (1996) 13 Cal.4th 497 (Romero) for the trial court to dismiss the prior serious felony allegation. On January 26, 2009, the court sentenced Astorga to prison for the midterm of three years, which it doubled to six years pursuant to the three strikes law. On appeal, Astorga challenges the trial courts imposition of the midterm sentence.
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