P. v. Tolosa CA3
A jury found defendant Lope Elwin Tolosa guilty of vehicle theft, driving under the influence, driving while privileges were suspended or revoked for a prior conviction for driving under the influence, and possession of drug paraphernalia. He now claims his conviction for vehicle theft should be reversed, because statements he made to police officers were obtained in violation of Miranda v. Arizona (1966) 384 U.S. 436, and erroneously admitted at trial. He further contends the trial court erred in denying his motion to dismiss his prior strike conviction under People v. Superior Court (Romero) (1996) 13 Cal.3d 497 (Romero), and in its imposition of fines and fees. In supplemental briefing, he argues that the imposition of the upper term on count one was improper in light of Penal Code section 1170, as amended by Senate Bill No. 567 (Stats. 2021, ch. 731, § 1.3.) (Senate Bill No. 567).
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