P. v. Robles
After watching defendant Ruben Gerardo Robles struggle to maintain his balance while riding a bicycle, police officers approached. Defendant stopped riding and dropped come plastic containing methamphetamine. Defendant was charged by information on December 31, 2008, with one count of possession of a controlled substance (Health & Safe. Code, 11377, subd. (a)). It was further alleged defendant had suffered a prior serious or violent felony conviction within the meaning of the Three Strikes law (Pen. Code, 667, subds. (b)-(i), 1170.12, subds. (a)-(d)), and had served three separate prison terms for felonies (Pen. Code, 667.5, subd. (b)).
On December 31, 2008, represented by appointed counsel, defendant made a motion to dismiss the prior strike conviction (Pen. Code, 1385; People v. Superior Court (Romero) 13 Cal.4th 497), which the trial court heard and denied. Defendant agreed to enter a plea of no contest and to admit the 1988 conviction for residential burglary as a prior strike conviction in return for an aggregate state prison sentence of 32 months. The remaining prior prison term allegations were to be dismissed.
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