P. v. Molina CA4/1
In March 2017, a jury found defendant Allan Molina guilty of assault with a firearm (Pen. Code, § 245, subd. (a)(2); count 1) and hit-and-run driving (Veh. Code,
§ 20002, subd. (a); count 2). The court found true that Molina had two strike prior convictions (§ 667, subds. (b)–(i)); two serious felony prior convictions (§ 667, subd. (a)(1)); and three prison prior convictions (§ 667.5, subd. (b)). The court sentenced Molina to a total term of 39 years to life in prison, consisting of 25 years to life for count 1; four years for the personal firearm use enhancement; and 10 years for the two serious felony priors. Molina received credit for time served on count 2, and the court struck the punishment for the three prison priors.
At sentencing, Molina filed a Romero motion asking the court to strike a prior strike conviction under section 1385. The prosecution filed opposition and the court denied the motion.
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