People v. Romero CA5

INTRODUCTION

On September 20, 2012, appellant, Francisco Bences Romero, entered into a plea agreement and waived his constitutional rights in court pursuant to Boykin v. Alabama (1969) 395 U.S. 238 and In re Tahl (1969) 1 Cal.3d 122. The court explained the consequences of the change of plea to appellant and the parties stipulated to a factual basis for the plea.1 Appellant pled guilty as charged to count 1, willfully inflicting corporal injury resulting in a traumatic condition on his cohabitating girlfriend (Pen. Code, § 273.5, subd. (a)).2 Appellant further admitted an allegation that he committed a prior serious felony within the meaning of the three strikes law (Pen. Code, §§ 667, subds. (b)-(i) & 1170.12, subds. (a)-(d)). Under the terms of the plea agreement, appellant’s sentence would be a six-year lid with the defense attorney permitted to argue for a lower term at the sentencing hearing. On October 17, 2012, the trial court sentenced appellant to the midterm of three years doubled pursuant to the three strikes law to six years. Appellant was granted custody credits of 93 days for time served and conduct credits of 92 days for total custody credits of 185 days. The court…