P. v. Carmelo
Defendant appeals from the judgment and sentence following entry of his guilty plea to one count of resisting arrest by exhibiting a deadly weapon (Pen. Code, 417.8) and admission of a prior violent felony conviction. ( 667.5, subd. (c)(18), 1170.12.) The plea was made incident to a Harvey waiver and with the understanding that at the time of sentencing, defendant could move to strike the prior conviction pursuant to People v. Superior Court (Romero) (1996) 13 Cal.4th 497 (Romero). At sentencing, the trial court denied defendants Romero motion and sentenced him to an aggregate prison term of eight years. Defendants sole claim on appeal is that the trial court abused its discretion by denying his Romero motion. Court find no error and affirm the judgment.
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