People v. Pickering CA5

INTRODUCTION

In 1997, a jury convicted defendant Conroy Pickering of possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a); count 1) and misdemeanor possession of drug paraphernalia (id., § 11364; count 2). The court found true two prior

*Before Franson, Acting P. J., Peña, J. and Smith, J. prison term enhancements (§ 667.5, former subd. (b)) and allegations that defendant had suffered seven prior strike convictions. The court denied defendant’s motion to strike his prior strike convictions pursuant to People v. Superior Court (Romero) (1996) 13 Cal.4th 497 (Romero) and sentenced defendant to a term of 27 years to life (25 years on count 1, plus one year for each of the two prior prison term enhancements). On November 16, 2023, the court resentenced defendant pursuant to Penal Code section 1172.75. (Undesignated statutory references are to the Penal Code.) It denied defendant’s motion to strike his prior strike convictions pursuant to Romero, supra, 13 Cal.4th 497, struck the prior prison term enhancements, and resentenced defendant to 25 years to life for count 1. On appeal, defendant contends insufficient evidence supports the resentencing court’s finding his…