P. v. Salas CA5
Defendant was charged with assault with a deadly weapon in violation of section 245, subdivision (a)(1) (count 1), vandalism in violation of section 594, subdivision (b)(1) (count 2), and burglary in violation of section 460, subdivision (b) (count 3). A jury convicted defendant of assault with a deadly weapon (count 1) and found him not guilty of vandalism and burglary (counts 2 & 3).
At defendant’s original sentencing hearing, the trial court declined to exercise its discretion to grant his motion—made pursuant to People v. Superior Court (Romero) (1996) 13 Cal.4th 497 (Romero)—to strike defendant’s prior strike conviction under section 1385. The court denied defendant’s Romero motion based on defendant’s “overall record.” The court noted defendant’s criminal conduct had “slow[ed] down recently,” but the court was not inclined to exercise its discretion to strike the strike given defendant’s “past performance on probation and the level of his criminal conduc
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