P. v. Soto
A jury convicted Michael Paul Soto (appellant) of assault with a deadly weapon (Pen. Code, 245, subd. (a)(1)).[1] The trial court found that appellant had served seven prior prison terms ( 667.5, subd. (b)); suffered three prior strike convictions ( 1170.12, subds. (a)d); 667, subds. (b)(i)); and suffered three prior convictions for serious felonies ( 667, subd. (a)(1)). After denying appellants Romero motion,[2]the trial court sentenced appellant to 25 years to life for the assault with a deadly weapon and an additional term of five years for each of appellants three prior convictions for serious felonies under section 667, subdivision (a)(1). His total term is 40 years to life. Appellant appeals on the ground that the trial court abused its discretion by refusing to strike appellants remote prior strike convictions under section 1385.
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