In re Newton
Petitioner Stan Barry Newton was charged with reckless evasion of a peace officer (Count 1), drunk driving (Count 2), and driving with a blood alcohol level of .08 percent or more (Count 3). (Veh. Code, 2800.2, subd. (a), 23103, 23152, subd. (a), & 23152, subd. (b).) The amended complaint also alleged that Newton had two prior felony convictions that qualified as strikes under the Three Strikes law. (Pen. Code, 667, subds. (b)-(i); 1170.12.)[1] Prior to trial, Newton pleaded no contest to Counts 1 and 3 with the understanding that he faced a mandatory Three Strikes sentence of 25 years to life, he could make a Romero request to dismiss his strikes and thereby reduce the length of his sentence; and Count 2 would be dismissed. At sentencing, the court denied Newtons Romero request and imposed the mandatory sentence of 25 years to life.
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