P. v. Romero
After a bench trial, defendant and appellant Gilbert Allen Romero was found guilty of possession of a controlled substance (Health & Saf. Code, 11377, subd. (a), count 1) and transportation of a controlled substance. (Health & Saf. Code, 11379, subd. (a), count 2.) The trial court also found true the allegations that defendant had two prior strike convictions (Pen. Code, 667, subds. (b)-(i), 1170.12, subds. (a)-(d)) and had served two prior prison terms, within the meaning of section 667.5, subdivision (b). The court sentenced defendant to a total prison term of 27 years to life, which consisted of the indeterminate sentence of 25 years to life on count 2 (deemed the principal count), the indeterminate sentence of 25 years to life on count 1, to run concurrent, plus two consecutive years for the two prison term enhancements.
On appeal, defendant contends: 1) his Sixth Amendment right to a speedy trial was violated; 2) the trial court abused its discretion by refusing to strike one of his strike convictions; 3) his sentence violated the California constitutional prohibition against cruel and unusual punishment; 4) the imposition of potential life sentences under the Three Strikes law violated the prohibition against double jeopardy; and 5) the concurrent sentence on count 1 should be stayed under section 654. The People concede, and we agree, that the sentence on count 1 should be stayed. In all other respects, Court affirm.
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