People v. Montano CA6

facts and procedural history of the case, the crimes of which defendant was convicted, and the punishment imposed.” (People v. Kelly (2006) 40 Cal.4th 106, 110.) Pursuant to Kelly, we will consider defendant’s letter brief and will explain why we reject his contentions. (Id. at p. 113.)

FACTUAL AND PROCEDURAL BACKGROUND

The Complaint On February 26, 2013, a complaint was filed charging defendant, an inmate at the Correctional Training Facility in Soledad, with a count of possession of controlled substances in prison (§ 4573.6). The complaint also alleged defendant had suffered four prior strikes within the meaning of section 1170.12, subdivision (c)(2), including a conviction for murder (§ 187, subd. (a)), two convictions for assault with a firearm (§ 245, subd. (a)(2)), and a conviction for shooting into an occupied vehicle (§ 246). Defendant’s Romero Motion In March 2013, defendant filed a motion requesting the trial court exercise its discretion under section 1385 and Romero, supra, 13 Cal.4th 497 to dismiss all but one of his prior strikes. Defendant argued that three of his four prior strikes (the two convictions for assault with a firearm and the conviction for shooting…