Davis

In these consolidated appeals we consider the application of People v. Superior Court (Romero) (1996) 13 Cal.4th 497 [ 53 Cal.Rptr.2d 789 , 917 P.2d 628 ], in the context of a record in which the trial court was not called upon to exercise its discretion to strike prior felony conviction allegations pursuant to Penal Code section 1385, subdivision (a), and the court made no extemporaneous comment with respect to its power to do so.

Following a joint jury trial, defendants Maurice Davis and Alex L. Ricks were each found guilty of two counts of robbery in a residence (§§211, 212.5), one count of residential burglary (§ 459), and three counts of assault with a deadly weapon (an automobile) upon a police officer (§ 245, subd. (c)). With respect to Davis, the jury additionally found that one residential robbery victim was over the age of sixty-five (§ 667.9).

In a bifurcated hearing, the court found that Davis had suffered four prior prison terms (§667.5, subd. (b)), and two prior convictions of serious felonies (§§ 667, subd. (a), 1192.7, subd. (c)), which also qualified as strikes (§ 667, subds. (d) & (e)). The court found that Ricks had suffered three prior prison terms…