P. v. Battaglia
Filed 7/18/06 P. v. Battaglia CA3
NOT TO BE PUBLISHED
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
THIRD APPELLATE DISTRICT
(Sacramento)
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| THE PEOPLE, Plaintiff and Respondent, v. LORETTA MICHELLE BATTAGLIA, Defendant and Appellant. | C049433
(Super. Ct. No. 04F04039)
|
Defendant Loretta Michelle Battaglia entered a negotiated plea of no contest to possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)) and admitted a strike prior (Pen. Code, §§ 667, subds. (b)-(i), 1170.12) in exchange for dismissal of the remaining count and a sentencing lid of the low term of 16 months, doubled for the strike prior.
Defendant failed to appear for sentencing on November 9, 2004. When sentenced a month later, the court imposed the low term, doubled.
Defendant appeals, contending defense counsel rendered ineffective assistance in that he failed to file a motion to strike the strike prior pursuant to People v. Superior Court (Romero) (1996) 13 Cal.4th 497 (Romero). We will affirm the judgment.
FACTS
On May 4, 2004, defendant was searched. She had .24 grams of methamphetamine in the coin pocket of her pants. Officers found six hypodermic needles and syringes in the van in which defendant was a passenger.
Prior to defendant entering her plea, the court informed defendant that her case was â€
