P. v. Hernandez CA2/5
A jury convicted defendant and appellant Armando Hernandez (defendant) of assault with a deadly weapon. The parties agree the trial court erred at sentencing by issuing a three-year post-conviction protective order, so we decide only two disputed issues: whether the trial court abused its discretion when it denied defendant’s Romero motion as to a 1997 assault with a firearm conviction that would subject him to a Three Strikes law indeterminate sentence, and whether a remand is in order due to a recent legislative change in sentencing law.
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