P. v. Gonzalez
Defendant Miguel Angel Gonzalez was convicted by jury of possession of a weapon by a prisoner. (Pen. Code, § 4502, subd. (a).)[1] Defendant admitted two prior strike convictions, and the trial court subsequently sentenced him to an indeterminate term of 25 years to life pursuant to the Three Strikes law.
On appeal, defendant contends that he received ineffective assistance of counsel because his trial counsel failed to bring a posttrial Romero[2] motion on his behalf based on his changed circumstances, including his disassociation from his gang, and that the trial court abused its discretion during the sentencing hearing by failing to realize that it possessed the power to dismiss prior convictions despite its earlier denial of his pretrial Romero motion. Defendant additionally argues that he is entitled to automatic resentencing under Proposition 36, the Three Strikes Reform Act of 2012, a voter initiative that amended sections 667 and 1170.12 and added section 1170.126. We affirm the judgment.
Comments on P. v. Gonzalez