People v. Howard CA4/2

BACKGROUND

In 2014, a jury found defendant guilty of residential burglary (§ 459, count 1) and

felony vandalism of more than $400 (§ 594, subd. (b)(1), count 2). Defendant admitted

suffering seven prior strike convictions (§§ 667, subds. (c), (e)(2)(A), 1170.12, subd.

(c)(2)(A)), one prior serious felony conviction (§ 667, subd. (a)), and two prison priors

(§ 667.5, subd. (b)).

After denying defendant's Romero motion to dismiss six of his seven prior strikes,

the trial court sentenced defendant to 31 years to life, consisting of 25 years to life on the

burglary conviction, a consecutive five-year term for the prior serious felony conviction

(the nickel prior), and a consecutive one-year term for only one of the two prison priors.

Defendant appealed the judgment challenging the sufficiency of the evidence to

support his burglary and vandalism convictions as well as the denial of his Romero

motion. We affirmed. (People v. Howard (May 5, 2016, E063010, E063093)

[nonpub. opn.] (Howard).)

1 All further statutory references are to the Penal Code.

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

2 After section 1172.75 became effective on January…