Brown

People v. Brown

Good Law
230 Cal. App. 4th 1502
Court of Appeal of CaliforniaOctober 30, 2014E059809California3,990 words

Opinion

Opinion

Ramirez, J.

This is an appeal by defendant and appellant Willie Lee Brown, a “Three Strikes” prisoner who was serving an indeterminate life sentence, following the trial court’s order denying defendant’s petition to recall his sentence under the Three Strikes Reform Act of 2012, added by Proposition 36 (the Reform Act). (Pen. Code, § 1170.126.) On appeal, defendant argues (1) a trial court has the authority to strike a disqualifying prior conviction allegation under section 1385 and People v. Superior Court (Romero) (1996) 13 Cal.4th 497 [ 53 Cal.Rptr.2d 789 , 917 P.2d 628 ] (Romero) at a sentencing recall hearing brought under section 1170.126, and (2) because the trial court believed it did not have such authority, the matter must be remanded. For the reasons explained below, we reject defendant’s contention.

I

FACTUAL AND PROCEDURAL BACKGROUND

On September 22, 1997, a store manager at a Moreno Valley Payless/Rite Aid store saw defendant place two cameras into his briefcase before walking into the store’s restroom. When the manager entered the restroom, he heard defendant behind a closed stall door tearing boxes. The manager found empty camera boxes in the stall after defendant…

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