P. v. Davis
A jury convicted defendant Eric Deshawn Davis of corporal injury to a spouse in violation of Penal Code section 273.5, subdivision (a), and found true an allegation that he suffered a prior conviction. (Pen. Code, 273, subd. (e)(1); unspecified section references that follow are to the Penal Code.) Defendant admitted a prior strike ( 667, subds. (b) (i) and 1170.12) and was sentenced to an aggregate prison term of 10 years.
On appeal, defendant contends the trial courts failure to adequately articulate its reasons for denying his request made pursuant to People v. Superior Court (Romero) (1996) 13 Cal.4th 497 (Romero)motion was error, and that it abused its discretion in not striking the prior strike. He also contends the trial courts imposition of the upper term violated his Sixth and Fourteenth Amendment rights under Cunningham v. California (2007) 549 U.S. [166 L.Ed.2d 856] (Cunningham). Court affirm the judgment.
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