P. v. Ortiz
Sophia Ortiz entered a negotiated guilty plea to assault with force likely to produce great bodily injury (Pen. Code,[1] 245, subd. (a)(1)) and admitted she had a prior serious/violent or strike conviction within the meaning of section 667, subdivisions (b) through (i). As part of the plea bargain, the prosecutor agreed to dismiss an allegation that Ortiz personally had used a deadly weapon, to wit, a knife, during the assault ( 1192. 7, subd. (c)(3)), which would have made the current offense a strike. The plea bargain also called for the sentence to run concurrent with the sentence she received for a parole violation.
The trial court denied Ortiz's motion to withdraw her guilty plea. At sentencing, the court denied Ortiz's Romero (People v. Superior Court (Romero) (1996) 13 Cal.4th 497) motion to dismiss the prior strike allegation, and sentenced her to six years in prisonthe mid-term of three years for the assault count doubled under the Three Strikes law. ( 667, subd. (e)(1).)
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