P. v. Mathes CA1/1
Defendant Bradley Craig Mathes appeals from a judgment of conviction, following a jury trial, of attempted extortion. (Pen. Code, §§ 519, 524.) The trial court sentenced defendant to the upper term of three years, doubled to six years in state prison as his second strike. Defendant raises two issues on appeal. He contends the trial court (a) used the wrong sentencing provision when it imposed the three-year upper term and (b) abused its discretion in denying his Romero motion to dismiss allegations of a prior “strike” conviction. We affirm.
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