People v. Rhodes CA5

DISCUSSION

I. Romero Motion

Defendant contends this case must be remanded for resentencing because the court failed to consider all the factors it was required to consider in ruling on his Romero motion. We disagree.

A. Background On July 14, 2011, an information was filed charging defendant with second degree burglary (Pen. Code, § 459; count 1)4 receiving stolen property (§ 496, subd. (a); count 2), and possession of a controlled substance (Health & Saf. Code, § 11350, subd. (a); count 3). With respect to counts 1 and 2, the information alleged defendant had three prior strike convictions (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(e)). With respect to count 2, the information alleged that defendant had two prior prison terms (§ 667.5, subd. (b)). On July 27, 2011, defendant entered a plea of not guilty. On October 20, 2011, defendant filed a Romero motion inviting the court to strike one of his prior strike convictions. The People filed written opposition on October 31, 2011. On November 2, 2011, defendantʼs Romero motion came on for hearing before Commissioner Ralph J. Cook. The parties submitted on the briefing and Commissioner Cook ruled as follows:

“While the…