P. v. Mendoza CA4/2
Defendant and appellant David Mendoza is serving a second strike sentence of 13 years resulting from a domestic violence incident. He argues the matter should be remanded for resentencing because the trial court misunderstood its discretion to strike the prior conviction allegations. As discussed post, the court correctly described its limited discretion, given: the state of the law, the existence of the strike prior because of defendant’s choice to join a criminal street gang, defendant’s extensive criminal history, and his regular violations of both parole and probation.
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