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P. v. Murphy CA2/6
Tyrone Murphy appeals after a jury convicted him of arson of another person’s property (Pen. Code, § 451, subd. (d)). In a bifurcated proceeding, the trial court found true allegations that appellant had prior strike and serious felony convictions (§§ 667, subds. (a)(1), (b) - (i), 1170.12, subds. (a) - (d)) and a prior conviction for arson (§ 451.1, subd. (a)(1)). The trial court sentenced him to 13 years in state prison, consisting of the midterm of two years doubled for the strike prior, plus five years for the prior serious felony conviction, plus four years for the prior arson conviction. Appellant contends the court abused its discretion in denying his Romero motion. In a supplemental brief, he contends he is entitled to a remand for the court to exercise its discretion whether to dismiss his prior serious felony enhancement allegation pursuant to amendments to section 667 that go into effect on January 1, 2019. The second contention has merit and we shall remand for

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