Thimmes

A five-count complaint charged defendant David Michael Thimmes with possession of cocaine (Health & Saf. Code, § 11350, subd. (a), count 1), being under the influence of a controlled substance (id., § 11550, subd. (a), count 2), possession of paraphernalia (id., § 11364, count 3), and violation of a protective order (Pen. Code, § 273.6, subd. (a), counts 4 and 5). Count 1 was the only felony charged. The complaint also alleged one prior strike conviction. (§§667, subds. (b)-(i) and 1170.12 (the “Three Strikes” law).) Pursuant to a court-negotiated agreement, defendant pleaded no contest to all five counts and admitted the strike allegation in exchange for a promise of no more than 32 months in prison.

At sentencing, the trial court denied defendant’s Romero motion and sentenced defendant to the agreed-upon maximum of 32 months. The term represents the mitigated term for the possession conviction, doubled for the strike offense. (Health & Saf. Code, § 11350, subd. (a); Pen. Code, §§ 667, subds. (b)-(i), 1170.12.)

On appeal, defendant argues that he received ineffective assistance of counsel because the trial court denied his Romero motion based upon a mistake of law to…