P. v. Merritt
Filed 7/24/06 P. v. Merritt 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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. HAROLD MERRITT, Defendant and Appellant. | C049341
(Super. Ct. No. 04F09623)
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Defendant Harold Merritt appeals from a judgment imposing a prison sentence after the trial court refused to strike a prior serious felony conviction allegation pursuant to People v. Superior Court (Romero) (1996) 13 Cal.4th 497 (Romero). We reject defendant's argument that the court abused its discretion in this regard. We will modify the judgment to correct presentence custody credits, and impose a mandatory fine and penalty assessments. As modified, we affirm the judgment.
BACKGROUND
Defendant sold $20 worth of rock cocaine to an undercover police officer. He pled no contest to the sale of cocaine base (Health & Saf. Code, § 11352, subd. (a)) and admitted he was convicted of robbery in 1985, a prior serious felony. (Pen. Code, §§ 667, subds. (b)-(i), 1170.12 -- hereafter the â€
