People v. Johnson
Opinion
Opinion
Hollenhorst, J.
J.In bifurcated proceedings, a jury found defendant was guilty of first degree burglary (Pen. Code, § 459) and the trial court found the enhancing allegations of a prior serious felony conviction, a “strike” conviction and a prior prison term were true. (§§ 667, subds. (a), (b)-(i), 667.5, subd. (b).) Defendant waived referral to probation and was sentenced to a fourteen-year term, consisting of the four-year middle term doubled to eight years, five years for the prior serious felony conviction and one year for the prior prison term.
Defendant appealed and in an unpublished opinion filed on March 27, 1997 (E018424), this court affirmed the judgment but remanded the matter to allow the sentencing court an opportunity to exercise its discretion pursuant to People v. Superior Court (Romero) (1996) 13 Cal.4th 497 [ 53 Cal.Rptr.2d 789 , 917 P.2d 628 ],
On December 15, 1997, the sentencing court denied defendant’s motion to dismiss the strike and reimposed the 14-year prison term. In this appeal, defendant contends the court erred in resentencing him without obtaining a supplemental probation report. The contention lacks merit.