P. v. Gutierrez
Defendant appeals from the judgment entered following a jury trial in which he was convicted of first degree residential robbery (Pen. Code, S 211), and a court trial in which he was found to have suffered two prior convictions of a serious felony within the meaning of Penal Code section 667, subdivision (a)(1). Additionally, the court found appellant had been convicted of four prior convictions of a serious or violent felony within the meaning of the Three Strikes law (Pen. Code, SS 667, subds. (b) (i); 1170.12, subds. (a)-(d)). Defendant was sentenced to prison for 35 years to life, which consisted of a sentence of 25 years to life plus two 5-year enhancements pursuant to Penal Code section 667, subdivision (a)(1). Defendant claims the trial court abused its discretion by refusing to strike his prior convictions for serious or violent felonies. For reasons explained in the opinion, court affirm the judgment.
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