P. v. Tankersley CA3
Defendant Garry Wayne Tankersley pleaded guilty to committing a lewd or lascivious act upon a child under the age of 14 years. (Pen. Code, § 288, subd. (a).) The trial court found true the allegations he had two prior rape convictions that qualified as strikes under the three strikes law (§ 1170.12), and had committed a prior and present sex offense within the meaning of section 667.6, subdivision (a). After denying his Romero motion to strike one of his strike priors, the trial court sentenced him to an aggregate term of 25 years to life.
On appeal, defendant contends the trial court erred in denying his Romero motion. He further contends the trial court’s order requiring him to submit to acquired immune deficiency syndrome (AIDS) testing must be reversed. We will reverse the AIDS testing order and remand this matter for the limited purpose of permitting a further hearing on the issue of AIDS testing at the election of the prosecution. In all other respects, we affirm.
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