P. v. Smith CA5
Defendant William Clifford Smith was convicted by jury trial of felony driving in willful or wanton disregard for the safety of persons or property while fleeing from a pursuing police officer (Veh. Code, § 2800.2, subd. (a)), and misdemeanor driving under the influence of alcohol or drugs (Veh. Code, § 23152, subd. (a)). The trial court found true allegations that defendant had suffered four prior strike convictions within the meaning of the Three Strikes law (Pen. Code, §§ 667, subds. (b)-(i), 1170.12, subds. (a) (d)). Defendant raised a Romero motion, requesting that the trial court exercise its discretion to dismiss three of the four prior strike conviction allegations pursuant to section 1385. The court denied the motion. The court sentenced defendant to 25 years to life in prison on the felony count. On the misdemeanor count, the court gave defendant credit for time served.
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