P. v. Thimmes
Defendant pleaded no contest to one felony count of possessing cocaine (Health and Saf. Code, S 11350, subd. (a)), and to four misdemeanors. He admitted one prior strike conviction. (Pen. Code, SS 667, subds. (b) (i), 1170.12.) Defendant's plea was conditioned upon his being sentenced to no more than 32 months in prison.
The trial court denied defendant's Romero motion and sentenced defendant to the agreed-upon maximum of 32 months in prison. In defendant's first appeal, this court reversed the judgment and remanded the matter with instructions to hold another Romero hearing. (People v. Thimmes (2006) 138 Cal.App.4th 1207, 1213-1214 (Thimmes).)[3] On remand, the trial court again declined to strike defendant's prior conviction and reinstated the judgment.
Defendant appeals from the reinstated judgment. He claims the trial court committed reversible error in failing to order the preparation of a supplemental probation report before deciding whether to exercise its discretion to strike the prior conviction allegation. Court conclude that defendant has waived the claim.
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