P. v. Carrasco
Defendant George Carrasco was arrested and charged with making a criminal threat (Pen. Code, 422) and resisting a police officer (Pen. Code, 69) after he shouted racial epithets and threatened the owner of an Indian restaurant whose restroom he wanted to use. When the arresting officer attempted to take defendant into custody, defendant shouted verbal threats at the officer as well. Defendant appeals from a judgment entered after he pleaded no contest to both charges and admitted the allegations that he had one strike prior, a serious felony conviction and a prison prior arising from the same 17 year old robbery conviction. (Pen. Code, 1170.12, 667, subd. (a), 667.5, subd. (b).) The defendant moved to dismiss the strike prior pursuant to People v. Superior Court (Romero) (1996) 13 Cal.4th 497 and also moved to reduce the charged crimes to misdemeanors pursuant to Penal Code section 17, subdivision (b). After considering arguments presented by the defense and prosecution and allowing defendant to make a statement, the trial court granted the Romero motion, but denied the motion to reduce the charges to misdemeanors. The trial court sentenced defendant to seven years in prison, awarded 327 days of custody credit, and imposed a variety of monetary fines and fees. This court granted defendant relief from default for failing to timely file a notice of appeal and this appeal ensued.
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