People v. Landroche CA4/1

DISCUSSION

Appointed appellate counsel has filed a brief summarizing the proceedings below.

Counsel presents no argument for reversal but asks this court to review the record for

error as mandated by People v. Wende (1979) 25 Cal.3d 436. Counsel suggests, as issues

for our review, whether the trial court erred in failing to dismiss Landroche's strike and

whether the verdict should be set aside for juror misconduct.

We granted Landroche permission to file a brief on his own behalf, and he did so.

In his brief, Landroche asserts the trial court erred in denying his motion to dismiss the

strike. In particular, he argues that use of his prior conviction as a strike, which doubled

his term, and imposing a consecutive one-year term for the prior prison term, which grew

1 All further statutory references are to the Penal Code unless otherwise indicated. 2 out of the strike, constituted unlawful dual use of the strike. (See People v. McFearson

(2008) 168 Cal.App.4th 388, 394-395.) We of course recognize that the dual use

provisions of section 1170, subdivision (b), prevent a trial court from relying on a prior

conviction that included a prison term to impose both an…