P. v. Ricks CA5
Appellant Michael Aaron Ricks pled no contest to second degree robbery (Pen. Code, § 211) and admitted a serious felony enhancement (§ 667, subd. (a)) and allegations that he had a prior conviction within the meaning of the “Three Strikes” law (§ 667, subds. (b)-(i)). On appeal, Ricks contends: (1) the court abused its discretion and violated his right to due process when it denied his Romero motion; and (2) the matter should be remanded to the trial court for it to exercise its discretion whether to impose or strike his serious felony enhancement. We find merit to this last contention and remand the matter for the trial court to exercise its discretion. In all other respects, we affirm.
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