P. v. Vargas
A jury found defendant and appellant Gustavo Vargas guilty of second degree robbery under Penal Code section 211, and evading a police officer by reckless driving under Vehicle Code section 2800.2. Thereafter, the trial court found true the allegations that defendant had served a prior prison term within the meaning of Penal Code section 667.5, subdivision (b); had suffered one serious prior felony conviction within the meaning of Penal Code section 667, subdivision (a); and had suffered six prior strike convictions within the meaning of Penal Code sections 667, subdivisions (b) through (i), and 1170.12, subdivisions (a) through (d). On December 22, 2008, the trial court denied defendants motion to dismiss five of six strike priors under People v. Superior Court (Romero) (1996) 13 Cal.4th 497 (Romero). The court sentenced defendant to 50 years to life plus six years in state prison. On appeal, defendant contends that the trial court abused its discretion in denying his Romero motion. For the reasons set forth below, Court shall affirm the judgment.
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