P. v. Juarez
A jury convicted Luis Salazar Juarez of second degree robbery and being a convicted felon in possession of a loaded firearm. The jury found true an allegation Juarez personally used a firearm during the commission of the robbery. The court found true allegations Juarez had been previously convicted of a violent or serious felony (Pen. Code, § 667, subd. (a)(1)),[1] which also qualified as a “strike†prior under the “Three Strikes†law (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(e)), and sentenced Juarez to a total prison term of 21 years.
Juarez claims the trial court abused its discretion by denying his Marsden[2] motion, failing to dismiss his strike prior pursuant to section 1385, subdivision (a), and sentencing him to a 21-year prison term without properly considering his mental illness. In the alternative, Juarez claims the cumulative impact of these errors requires this court to reverse the judgment. We find none of these claims meritorious and affirm.
Comments on P. v. Juarez