People v. Gonzales CA6

Filed 7/15/14 P. v. Gonzales 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, H039836

(Santa Clara County Plaintiff and Respondent, Super. Ct. No. C9917255)

v.

JAMES GONZALES,

Defendant and Appellant.

In 2000, a jury found appellant James Gonzales guilty of two counts of threatening a public official. (Pen. Code § 76, subd. (a)(1)).) The jury also found true two prior strikes and four prison priors. (Pen. Code §§ 667, subds. (b)-(i); 1170.12.) The court sentenced appellant to 25 years to life pursuant to the former “Three Strikes” law. On May 31, 2013 appellant filed a “Motion for a Romero Hearing Pursuant to Penal Code § 1385,” arguing that one strike prior was illegally imposed. On June 5, 2013, the court…