People v. Anduja CA6

Background Appellant was charged by information with possession of a controlled substance (methamphetamine) for sale, in violation of Health and Safety Code section 11378. The information further alleged a prior “strike” conviction (Pen. Code, § 667, subds (b)-(i)) for assault with a deadly weapon, and one conviction for possession of stolen property resulting in a prison term (Pen. Code, § 496, subd. (a); 667.5, subd. (b). On December 6, 2012, appellant pleaded no contest to the single count and admitted the prior-conviction allegations, with the understanding that his indicated sentence would be a maximum of 32 months in prison (the mitigated term of 16 months, doubled as a result of the prior strike conviction). On April 2, 2013, appellant filed a request for the court to exercise its discretion to 1 dismiss the prior strike allegation pursuant to Penal Code section 1385, as authorized by People v. Superior Court (Romero) (1996) 13 Cal.4th 497, 529–530 (Romero). On July 31, 2013, after receiving written argument and hearing the matter on two successive occasions, the court denied the Romero request and sentenced defendant to the indicated prison term of 32 months. This appeal…