People v. Lopez CA6

Filed 5/27/14 P.v. Lopez CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

THE PEOPLE, H040081

(Santa Clara County Plaintiff and Respondent, Super. Ct. No. C1225016)

v.

FRANK PEREZ LOPEZ,

Defendant and Appellant.

Defendant Frank Perez Lopez entered a plea of no contest to four counts of second degree burglary (Pen. Code, §§ 459-460, subd. (b)),1 and he admitted that he had suffered one prior serious or violent felony conviction, i.e., a strike (§§ 667, subd. (b), 1170.12, subd. (c)(1)). Defendant thereafter brought a motion requesting that the court exercise its discretion to dismiss the prior strike allegation in accordance with People v. Superior Court (Romero) (1996) 13 Cal.4th 497 (Romero), which was opposed by the…