Vong

Summary

In this criminal appeal, we affirm the jury’s conviction of defendant and appellant An Thanh Vong of possession of cocaine and the court’s subsequent findings that appellant suffered two prior felony convictions. Substantial evidence supports appellant’s conviction and the prior conviction findings. The trial court adequately and properly responded to the jury’s questions during deliberation. Appellant’s two prior robbery convictions from a single case were properly treated as two separate “strikes” for purposes of the “Three Strikes” sentencing law. The trial court’s initial error in computing presentence good conduct credits was corrected before this appeal.

However, since the trial court incorrectly believed it lacked discretion to strike prior convictions under the Three Strikes law, we remand for a new sentencing hearing at which the court shall exercise its discretion.

{Factual and Procedural Background}

Discussion

{1.-5.}

6. The case must be remanded for a hearing on defendant’s motion to dismiss strikes.

During the pendency of this appeal, the Supreme Court determined that trial courts have discretionary power to dismiss allegations of prior felony…