P. v. Polk CA2/4
Following his conviction on a single count of attempted murder, appellant Joe Polk was sentenced to 25 years to life pursuant to the “Three Strikes” law (Pen. Code, §§ 667, subds. (b)-(i), 1170.12, subds. (a)-(e)), plus 25 years to life for a firearm enhancement (§ 12022.53, subd. (d)), plus 10 years for two prior felony convictions (§ 667, subd. (a)(1)). Sentences on two other firearm enhancements under section 12022.53 also were imposed but stayed. Appellant contends (1) that the trial court abused its discretion in denying his motion to strike his prior strike convictions pursuant to People v. Superior Court (Romero) (1996) 13 Cal.4th 497, and (2) that the matter should be remanded for the trial court to exercise its discretion under Senate Bill No. 620 (2017-2018 Reg. Sess.) whether to strike the firearm enhancements. For the reasons stated below, we conclude the trial court did not abuse its discretion in denying appellant’s Romero motion.
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