P. v. Kelly
A jury convicted appellant of three counts of second degree robbery (Pen. Code, § 211).[1] At a bifurcated trial, the jury also found true a number of prior conviction enhancements: that appellant had suffered (1) three prior “serious felony” or “strike” convictions (§§ 667, subds. (b)-(i), 1170.12 (a)-(d)); (2) three “serious felony” five-year prior convictions (§ 667, subd. (a)(1)); and (3) eight one-year prison prior convictions (§ 667.5, subd. (b)).
At sentencing, the trial court dismissed two of the three “strike” prior conviction allegations found true by the jury, pursuant to People v. Superior Court (Romero) (1996) 13 Cal.4th 497 (Romero), finding that they were remote in time and that a life sentence would be cruel and unusual punishment.[2] Thereafter, the trial court sentenced appellant to a second-strike determinate term as follows: three years for the base robbery count, doubled to six years for the remaining strike prior conviction, plu
Comments on P. v. Kelly