Mosley

Defendant, Shonte Mosley, appeals his multiple convictions in which he was found to have been previously convicted of a serious felony conviction within the meaning of Penal Code sections 667, subdivisions (b) through (i) and 1170.12. He contends he is entitled to resentencing so that the trial judge can exercise his discretion pursuant to section 1385, subdivision (a) to strike the prior serious felony conviction as mandated by People v. Superior Court (Romero) (1996) 13 Cal.4th 497, 530 , footnote 13 [ 53 Cal.Rptr.2d 789 , 917 P.2d 628 ]. The jury returned its verdicts on July 26,1996, 36 days after the filing of the Romero opinion. The sentencing in the present case occurred on August 12,1996, 53 days after the filing of the Romero decision. Therefore, we conclude based upon the analysis in the decision In re Cortez (1971) 6 Cal.3d 78, 83-85 [ 98 Cal.Rptr. 307 , 490 P.2d 819 ] that footnote 13 of the Romero opinion is inapplicable to the present case.

On June 20, 1996, the California Supreme Court issued its opinion in People v. Superior Court {Romero), supra, 13 Cal.4th at pages 504-532 holding that a convicted felon subject to the enhanced recidivist sentencing…