People v. Long CA5

INTRODUCTION

We previously reversed defendant Phillip Gerome Long’s judgment and remanded for resentencing. On remand, the trial court denied defendant’s request to strike his prior serious felony conviction. Defendant appeals and argues that the trial court abused its discretion when denying his request because it failed to apply Penal Code section 1385, subdivision (c)1 when deciding whether to strike his prior serious felony conviction. We reject defendant’s argument and affirm.

PROCEDURAL BACKGROUND

A jury convicted defendant on March 15, 2019, of oral copulation with a child 10 years old or younger (§ 288.7, subd. (b); counts 1–3), lewd acts upon a child under 14 years old (§ 288, subd. (a); counts 5–8, 10–11), and possession of child pornography (§ 311.11, subd. (a); count 12). As to counts 5 through 11, the jury found true the “One Strike” law allegation that defendant committed the offenses against more than one victim. (§ 667.61, subd. (e)(4).) After waiving his right to a jury trial as to the allegations, defendant admitted he had a prior “strike” conviction within the meaning of the “Three Strikes” law (§§ 667, subds. (b)–(i), 1170.12, subds. (a)–(d)) as to all…