Carter

On October 3, 1994, one year and seven months prior to the decision in People v. Superior Court (Romero) (1996) 13 Cal.4th 497 [ 53 Cal.Rptr.2d 789 , 917 P.2d 628 ], the trial court, in the interest of justice, struck two of three alleged serious prior felonies, accepted a plea of nolo contendere to possession of .10 grams of cocaine, and sentenced respondent, Ronda C. Carter, to thirty-two months in state prison as a two strike offender. The People filed an appeal contesting the sentence as unlawful. Based upon the Romero decision, we conclude that the judgment must be reversed and remanded to allow the respondent to set aside the plea and for further proceedings consistent with Romero.

Facts

On May 11, 1994, respondent was charged with possession of cocaine, a violation of Health and Safety Code section 11350, subdivision (a). It was alleged that on October 23, 1989, respondent had been convicted of two counts of robbery pursuant to Penal Code section 211 and one count of residential burglary pursuant to Penal Code section 459, all qualifying as “strikes” pursuant to Penal Code section 667, subdivisions (b) through (i), (the three strikes law). Also alleged was a…