P. v. Haughton
Defendant and appellant Jacob Lee Haughton was charged by information with inflicting corporal injury on a cohabitant (Pen. Code, § 273.5, subd. (a), count 1),[1] assault by means of force likely to produce great bodily injury (§ 245, subd. (a)(1), count 2), and resisting a peace officer (§ 148, subd. (a)(1), count 3). The information also alleged that he served two prior prison terms (§ 667.5, subd. (b)), and had two prior strike convictions (§§ 667, subds. (c), (e)(2)(A), 1170.12, subd. (c)(2)(A)).
Defendant pled not guilty to the charges and denied the prior convictions. He then filed a motion pursuant to People v. Superior Court (Romero) (1996) 13 Cal.4th 497 (Romero). At a change of plea hearing, the information was orally amended to add one count of felony witness intimidation. (§ 136.1, subd. (a), count 4.) Defendant pled guilty to counts 1 through 4. He admitted the two prison priors, but did not admit the prior strike convictions at the time of the plea. The trial court stated for the record that the strike priors had not been admitted, and that there would be a subsequent hearing to discuss the strikes and the Romero motion.
The trial court held a Romero hearing. The prosecutor reminded the trial court that the status of the strikes had not been litigated yet, and stated that she had the certified records of the prior convictions. The trial court denied the Romero motion and then asked if defendant was prepared to admit the strikes. Defendant asked the trial court to make a finding after review of the record, and he waived his right to a jury trial. The trial court reviewed the documentation and found the prior strike allegations to be true. The trial court then indicated its tentative sentence. Defense counsel objected, for the record, to the late oral addition of count 4 at the plea hearing. The trial court noted the objection. Defense counsel then requested that the trial court run the sentence on count 4 concurrent. The trial court denied the request and sentenced defendant to 25 years to life on count 1, a consecutive 25 years to life on count 4, and one consecutive year on each of the prison priors. The trial court imposed 25 years to life on count 2, but stayed it pursuant to section 654. The trial court imposed 180 days in county jail on count 3 and gave defendant credit for time served.
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