P. v. Garza CA2/6
David Garza was convicted by jury of possessing a controlled substance in jail. (Pen. Code, § 4573.6.) He admitted a 1998 felony “strike” for first degree burglary. He admitted prior prison terms for the burglary; taking a vehicle; receiving stolen property; and possession of a controlled substance.
The trial court denied appellant’s request to dismiss his burglary conviction. (People v. Superior Court (Romero) (1996) 13 Cal.4th 497.) It did, however, erroneously grant his unopposed request to be sentenced to a “split” five year term – three years in county jail and two years in a residential program. (§ 1170, subd. (h)(3).) The court later corrected the order because the law requires that appellant serve his sentence in state prison. We conclude that the court was aware of its discretion under Romero, did not abuse its discretion by refusing to dismiss appellant’s burglary conviction, and did not need to revisit the Romero issue when it corrected the unauth
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