Ramos

People v. Ramos

Bad Law
1996 Cal. App. LEXIS 663·47 Cal. App. 4th 432·55 Cal. Rptr. 2d 1·96 Daily Journal DAR 8509·96 Cal. Daily Op. Serv. 5283
Court of Appeal of CaliforniaJuly 16, 1996B091797California794 words

Opinion

Opinion

Woods, J.

Applying the principles of People v. Superior Court (Romero) (1996) 13 Cal.4th 497, 531 [ 53 Cal.Rptr.2d 789 , 917 P.2d 628 ], we hold that although the trial court had discretion to dismiss a “strike” it abused that discretion by doing so “simply because a defendant pleads guilty.” (Ibid.) We reverse and remand.

Factual and Procedural Background

Twenty-nine-year-old Geraldo Hernandez Ramos (respondent), an unemployed illegal alien, was arrested July 12, 1994, after selling $100 worth of cocaine to an undercover Burbank police officer. Respondent had sold $100 worth of cocaine to the same officer on July 6, 1994.

Respondent was charged with two counts of Health and Safety Code section 11352, subdivision (a). It was also alleged as to each count that he had been convicted of first degree burglary, a serious felony (Pen. Code, § 667, subds. (b)-(i)), on August 8, 1986.

On January 17, 1995, over the objection of the prosecutor, the trial court offered respondent the following deal: “If you plead guilty to everything, what I would do is strike the serious felony conviction, deny probation, [and] sentence you to state prison for three years.”

Respondent accepted the deal.…

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