P. v. Phoenix
Defendant, also known as Peter Miller and Mike Fernando, appeals from the judgment entered upon his convictions by jury of four counts of first degree burglary (Pen. Code, 459). The jury also found to be true as to each count the allegations that all of the victims were 65 years of age or older within the meaning of section 667.9, subdivision (a) and that another person, other than an accomplice, was present in the residence during the commission of the burglary within the meaning of section 667.5, subdivision (c)(21). The trial court found to be true the allegation that appellant had suffered two prior felony convictions within the meaning of sections 1170.12, subdivisions (a) through (d) and 667, subdivision (a) and subdivisions (b) through (i). The court sentenced appellant to an aggregate prison term of 144 years to life. Appellant contends that the trial court abused its discretion in denying his Romero motion.
Court affirm.
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