P. v. Rico
On October 21, 2008, Reynaldo Saldana Rico beat his wife.[1] A jury found him guilty of willful infliction of corporal injury and found a great-bodily-injury allegation true. He admitted an attempted second degree robbery prior, both as a serious-felony prior and as a strike prior, and admitted a domestic-violence prior. The court imposed and stayed a five-year serious-felony-prior term on the attempted second degree robbery prior and imposed an aggregate sentence of 12 years.
On his first appeal, Rico challenged the sentence, arguing that the court had no authority to stay the five-year serious-felony-prior term on the attempted second degree robbery prior. The Attorney General agreed. We concurred, affirmed the judgment, vacated the sentence, and remanded for resentencing. (People v. Rico (Mar. 21, 2011, F059362) [nonpub. opn.].)[2]
After remand, the court declined to strike Rico’s strike prior and imposed an aggregate sentence of 12 years. On his second appeal, he argues that by not striking his strike prior the court committed an abuse of discretion that constitutes constitutionally disproportionate punishment under both the federal and state constitutions. We affirm.
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