Humphrey

The People appeal from a “Romero” (People v. Superior Court (Romero) (1996) 13 Cal.4th 497 [ 53 Cal.Rptr.2d 789 , 917 P.2d 628 ]) striking of a prior serious felony conviction after John A. Humphrey (defendant) was found guilty of grand theft from a person (Pen. Code, § 487, subd. (c)), a lesser included offense of a charged robbery. (§ 211.) Defendant was sentenced as a “two strikes” defendant to 10 years in state prison. We reverse and remand for resentencing.

At the initial sentencing hearing, the trial court found that defendant had suffered two serious felony convictions within the meaning of section 667, subdivisions (c) and (e), and had served four prior prison terms (§ 667.5, subd. (b)). The trial court imposed a sentence of 25 years to life. (§ 667, subd. (e)(2)(A)(ii).)

In an unpublished opinion (People v. Humphrey (Nov. 21, 1996) B100553 (opinion by Yegan, J., with Stone (S. J.), P. J. and Gilbert, J. concurring)), we vacated the sentence and remanded for resentencing in light of Romero. We did so because the record affirmatively showed that the trial court wanted to strike a prior serious felony conviction but believed it was without power to do so. We…