P.

FACTS AND PROCEDURE

On April 10, 2009, defendant was a felon and carried a loaded firearm in a public

place.2 On April 28, 2009, defendant pled guilty to being a felon in possession of a

firearm (Pen. Code, § 12021, subd. (a)(1)) and being a gang member in possession of a

loaded firearm (§ 12031, subd. (a)(2)(C)).3 Defendant also admitted that he had a prior

strike conviction (§§ 667, subds. (c) & (e)(1); 1170.12, subd. (c)(1)) and a prior prison

term (§ 667.5, subd. (b)).

On December 23, 2009, the superior court sentenced defendant to the agreed-upon

term of five years in prison, consisting of the midterm of two years for the felon-in-

possession conviction, doubled for the strike prior, plus one year for the prison prior.

People v. Superior Court (Romero) (1996) 13 Cal.4th 497 (Romero).

2 Any references to “Prior” CT are to the appellate record in E050250, of which we take judicial notice by order dated August 10, 2012.

All section references are to the Penal Code unless otherwise indicated.

2 Defendant appealed, and on November 24, 2010, this court upheld the conviction

and sentence. Subsequently, the Riverside County Superior Court granted…