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P. v. Rivera CA2/7
Michael Alexander Rivera was convicted by a jury of second degree robbery. Although the court found at a bifurcated bench trial that Rivera had suffered three prior strike convictions, it dismissed all three for sentencing purposes under People v. Superior Court (Romero) (1996) 13 Cal.4th 497 and sentenced Rivera to 18 years in state prison: the middle term of three years for second degree robbery, plus three five-year enhancements for Rivera’s prior serious felony convictions pursuant to Penal Code section 667, subdivision (a). Rivera appealed the judgment, contending the trial court erred in imposing three, rather than one, prior serious felony enhancements. The People conceded the error, and we vacated Rivera’s sentence and remanded the matter to allow the trial court to reconsider all lawful sentencing options.

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