People v. Stevenson CA4/2

I.

FACTS AND PROCEDURAL BACKGROUND

In an amended information, the People alleged that on May 18, 2000, defendant

stole a Honda motorcycle (Veh. Code, § 10851, subd. (a), count 1), and that on May 9,

2000, he stole a Ford pickup truck (Veh. Code, § 10851, subd. (a), count 2). The People

also alleged for purposes of sentencing that defendant suffered three prior prison terms

(Pen. Code, § 667.5, subd. (b)), and that defendant suffered four prior convictions for

serious and violent felonies (Pen. Code, §§ 667, subds. (c), (e), 1170.12, subd. (c)), to

wit: (1) a June 7, 1989, conviction for first degree burglary (Pen. Code, § 459); (2) a

June 7, 1989, conviction for robbery (Pen. Code, § 211); (3) a June 7, 1989, conviction

for voluntary manslaughter (Pen. Code, § 192); and (4) an October 13, 1981, conviction

for robbery with a firearm (Pen. Code, §§ 211, 12022.5).

At trial, defendant admitted all of the special allegations, and a jury found

defendant guilty of both counts of vehicle theft. The trial court denied defendant’s

request to strike his strike priors for purposes of sentencing pursuant to People v.

Superior Court (Romero) (1996) 13 Cal.4th 497, and it…