P. v. Romero CA2/1
Steven Romero appeals the judgment entered following a jury trial in which he was convicted of one count of criminal threats in violation of Penal Code section 422, subdivision (a). The jury found the accompanying gang allegation true. (§ 186.22, subd. (b)(1)(B), (C).) Following a court trial on the allegations that appellant had suffered a prior serious or violent felony strike conviction (§§ 667, subds. (b)–(i), 1170.12, subd. (b)) and had served four prior prison terms (§ 667.5, subd. (b)), the trial court found the strike prior and one of the prior prison term allegations to be true. The trial court imposed an aggregate sentence of nine years in state prison.
We reverse the trial court’s determination that appellant’s 2003 juvenile adjudication for violation of former section 245, subdivision (a)(1) qualifies as a serious felony conviction and hence a strike based on the court’s reliance on a handwritten reference to a baseball bat contained in the juvenile petit
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