People v. Barrios CA6

I. INTRODUCTION

After a parole search revealed .12 grams of methamphetamine in his pants pocket, defendant Alexander Barrios was charged by a complaint filed February 16, 2012, with possession of methamphetamine (Health & Saf. Code, § 11377, subd. (a)) following his 2002 convictions of the serious felonies of rape and assault to commit rape (Pen. Code, §§ 667, subds. (b) - (i), 1170.12)1 with a prison term enhancement (§ 667.5, subd. (b)). On July 12, 2012, the trial court ordered the assault strike stricken. Pursuant to an offer of a “32-month top” prison sentence if the court did not grant defendant’s request to strike his remaining strike under People v. Superior Court (Romero) (1996) 13 Cal.4th 497 (Romero), on September 14, 2012, defendant pleaded guilty as charged and admitted the prior conviction and prison term.

1 Unspecified section references are to the Penal Code. The People opposed defendant’s written requests to strike the remaining strike and reduce his conviction to a misdemeanor. At a hearing on October 18, 2012, the trial court denied defendant’s requests and sentenced him to 32 months in prison, the lower term doubled due to the strike, also imposing the…