P. v. Belmontes
A jury convicted defendant Denise Belmontes of unlawfully taking a vehicle. (Veh. Code, 10851, subd. (a).) In a bifurcated trial, the court found Belmontes had been previously convicted of unlawfully taking a vehicle (Veh. Code, 10851, subd. (a)), had suffered two serious and violent felony convictions (Pen. Code, 667, subds. (d) & (e)(2)(A))[1], and had served three prior prison terms ( 667.5, subd. (b)). After exercising its discretion under section 1385 to strike one of defendants serious felony convictions, the court sentenced her to a total prison term of 11 years with custody credit for 823 days. Defendant contends the prosecutor committed misconduct by disparaging defense counsels character and integrity and the evidence did not support the courts finding she suffered a prior serious felony conviction. Court disagree and affirm the judgment.
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