P. v. Files CA2/2
Bernard Files appeals the judgment entered following a jury trial in which he was convicted of three counts of arson in violation of Penal Code section 451, subdivision (d). In bifurcated proceedings the trial court found true the allegations that appellant had previously suffered a conviction for arson (§ 451.1, subd. (a)), he had suffered five prior serious felony convictions (§ 667, subd. (a)(1)), and he had served prior prison terms. (§ 667.5, subd. (b).) The trial court denied appellant’s Romero motion to dismiss his prior strike convictions, and imposed an aggregate sentence of 177 years to life in state prison.
Appellant contends insufficient evidence supports the arson conviction on count 4, requiring reversal. We agree and reverse the conviction on count 4.
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