P. v. Foletti
Defendant was convicted after jury trial of possessing a deadly weapon (a billy club); he admitted two prior strikes and a prior prison term. (Pen. Code, 12021, subd. (a)(1); 667, subds. (b)-(i); 667.5.) The trial court exercised Romero[2]discretion and dismissed both of the strikes pursuant to section 1385 and sentenced Foletti to an aggregate term of four years imprisonment. The People appealed, challenging the trial courts decision to dismiss the strikes. Foletti cross-appealed, arguing that his trial counsel was ineffective and that a unanimity instruction should have been given sua sponte. Court conclude that it is necessary to remand for resentencing because the trial court failed to state in the minute order the reasons supporting its decision to dismiss the prior strikes. Section 1385, subdivision (a) provides that [t]he reasons for the dismissal must be set forth in an order entered upon the minutes. The provision is mandatory. (People v. Humphrey (1997) 58 Cal.App.4th 809, 811 (Humphrey).) The rest of the issues raised by the parties fail.
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