P. v. Jefferson CA2/8
Defendant Kevin Bernard Jefferson was convicted by a jury of two counts of second degree robbery. (Pen. Code, § 212.5, subd. (c).) Prior to sentencing, the People dismissed five prior prison term allegations on their own motion and defendant admitted a prior strike conviction. The trial court denied defendant’s Romero motion. The court then sentenced defendant to 11 years in state prison on count 1—which included a five-year enhancement for a prior serious felony conviction—and to three years on count 2, with the latter to run concurrent with the sentence on count 1. On appeal, defendant contends the trial court abused its discretion in refusing to dismiss his prior strike conviction. We remand the matter for resentencing pursuant to Senate Bill No. 1393 (2017–2018 Reg. Sess.) (SB 1393), which grants courts discretion to dismiss or strike a prior serious felony conviction for sentencing purposes. We affirm the judgment in all other respects.
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