People v. Nieto CA5
Opinion
Opinion
INTRODUCTION
In 2006, Guy Daniel Nieto (appellant) pleaded no contest to voluntary manslaughter (Pen. Code, § 192, subd. (a))1 and admitted a use of a deadly weapon enhancement (§ 12022, subd. (b)), a prior strike allegation (§§ 667, subd. (d)(1), 1170.12, subd. (b)(1)), and a prior prison term allegation (§ 667.5, subd. (b)). He was sentenced to 24 years in state prison. In 2022, appellant was recalled for resentencing pursuant to Senate Bill No. 483 (2021-2022 Reg. Sess.) (Stats. 2021, ch. 728, § 3) because his judgment included a now invalid prior prison term enhancement (§ 667.5, subd. (b)). (§ 1172.75, subd. (a).) At resentencing, the trial court struck the enhancement, but denied appellant’s request to dismiss his prior strike, and resentenced appellant to 23 years in state prison. This appeal is taken from resentencing. Appellant contends the trial court abused its discretion in declining to dismiss his prior strike conviction in furtherance of justice pursuant to section 1385, subdivision (a). (See People v. Superior Court (Romero) (1996) 13 Cal.4th 497, 504 (Romero).) We conclude no abuse of discretion occurred. We affirm.