P. v. Alvarado
Albert Bugsy Alvarado appeals from the judgment entered upon his convictions by jury of second degree robbery (Pen. Code, 211, count 1)[1]possession of a firearm by a felon ( 12021, subd. (a), count 2), and possession of ammunition ( 12316, subd. (b)(1), count 3). In connection with count 1, the jury found to be true the firearm-use allegation within the meaning of section 12022.53, subdivision (b). The trial court found to be true the allegation that defendant had suffered two prior felony convictions within the meaning of sections 1170, subdivisions (a) through (d) and 667, subdivisions (a) and (b) through (i). After denying defendants Romero[2]motion seeking a dismissal of one or both of his prior felony strike convictions, the trial court sentenced him on count 1 to 25 years to life plus 10 years for the firearm-use enhancement, plus five years for each of the two prior convictions under section 667, subdivision (a). It stayed sentence on counts 2 and 3 pursuant to section 654. Defendant contends that the trial court erred in denying his Romero motion because it did not exercise discretion, mistakenly believing that all of his current convictions were strikes.
Court vacate defendants sentence, remand for resentencing, and otherwise affirm.
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