P. v. Salazar
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Appellant appealed the judgment after the jury found him guilty of false imprisonment by violence or menace (count 1, Pen. Code, Sections 236, 237, subd. (a)) and infliction of corporal injury on a person with whom he had a current or former dating relationship (count 3, Section 273.5, subd. (a)). He admitted a prior strike (Sections 667, subds. (c)(1), (e)(1), 1170.12, subds. (a)(1), (c)(1)). The trial court sentenced him to state prison for seven years, four months. Appellant contends the trial court erred when it did not: (1) stay the sentence for count 1, and (2) strike his prior strike conviction. He also contends that Senate Bill No. 567, which added a procedural change to section 1170, mandates resentencing.
The Second Appellate District affirmed. The court explained that a trial court has discretion to dismiss a prior violent or serious felony conviction pursuant to the Three Strikes law. Here, the trial court’s ruling was not irrational or arbitrary. The court explained the reasons for denying the Romero motion. It acknowledged that the strike was 19 years old, but noted it was a “serious offense.” Further, there is a presumption that the trial court considered all relevant factors, even if it did not mention them all, and here the record shows that the trial court did consider Appellant’s life-long history including his mental health history and drug history. The court wrote, that the record “clearly indicates” the trial court would not have imposed the low term had it been aware of its discretion to do so under S.B. 567.
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