P. v. Whitall
Appellant, Raymond Whitall, was found guilty after a jury trial of second degree burglary (Pen. Code, 459, count one), attempted extortion ( 524, count two), and impersonating a public officer, investigator, or inspector ( 146a, subd. (b), count three). In a bifurcated proceeding, appellant waived his right to a jury trial and admitted four prior serious felony convictions within the meaning of the three strikes law ( 667, subds. (a)-(i) & 1170.12, subds. (a)-(d)).
On December 2, 2008, the trial court denied appellants request pursuant to section 1385 to strike one or more of his prior serious felony convictions. The court sentenced appellant to prison for 25 years to life on count one. It imposed the same sentence on counts two and three, but stayed sentence on those counts pursuant to section 654. The court imposed a restitution fine and awarded applicable custody credits. Appellant contends the trial court abused its sentencing discretion in failing to dismiss one or more of his prior serious felony convictions pursuant to People v. SuperiorCourt (Romero) (1996) 13 Cal.4th 497 (Romero).
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