P. v. King
A jury acquitted Leslie King of second degree robbery but convicted him of assault by means likely to produce great bodily injury. (Pen. Code, 211, 212.5, 245, subd. (a)(1); all further undesignated section references are to the Penal Code.) In a bifurcated trial after a jury waiver, the trial court found that King had one strike prior felony conviction, a 1983 residential burglary. ( 667, subds.(b)-(i), 1170.12; 459, 460.) The trial court also found King's conviction in his current case constituted a violation of the conditions of probation of his 2003 conviction for unlawful vehicle taking. (Veh. Code, 10851, subd. (a).) The trial court denied King's motion to strike the strike for sentencing purposes ( 1385; People v. Superior Court (Romero) (1996) 13 Cal.4th 497) and imposed a 3-year middle term, doubled to 6 years under the Three Strikes law, and a consecutive 8-month term (one-third of the 2-year middle term) for the probation violation.
King appeals, contending that the trial court abused its discretion in denying his Romero motion to strike the 1983 burglary conviction for purposes of sentencing. Court disagree and affirm.
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