People v. Camacho CA4/1

I. INTRODUCTION

During a vehicle check, defendant Jose Camacho misidentified himself to a sheriff’s deputy and dropped a loaded handgun magazine before running from the deputy. Defendant was apprehended and a search of the vehicle yielded an unloaded handgun tucked in defendant’s belongings. A jury

convicted defendant of possession of a firearm by a felon (Pen. Code,1 § 29800, subd. (a)(1)), unlawful possession of ammunition (§ 30305, subd. (a)(1)), presenting false identification to a peace officer (§ 148.9, subd. (a)), and resisting arrest (§ 148, subd. (a)(1)). The trial court found

defendant had suffered a prior strike conviction.2 The court sentenced defendant to 2 years 8 months on the firearm conviction (the low term of 16 months, doubled for the strike prior) and concurrent sentences on the remaining convictions. On appeal, defendant contends the trial court erred by denying his motion to dismiss his strike prior in the interests of justice under People v.

Superior Court (Romero) (1996) 13 Cal.4th 497 (Romero) and section 1385.3 For reasons we will explain, we conclude the trial court acted within its discretion in denying defendant’s Romero motion. Defendant also…