People v. Delacruz CA6

STATEMENT OF THE CASE2

Case Number H039282 On March 21, 2012, defendant was charged by information with possession of heroin for sale, in violation of Health and Safety Code section 11351. The information also alleged defendant had a prior conviction of a serious felony (§ 1170.12, subd. (c)(1).) In September 2012, defendant filed a Romero motion to strike the prior serious felony allegation. The court denied the motion. In October 2012, defendant pleaded no contest to possession for sale of heroin and admitted that his prior conviction for battery with serious bodily injury constituted a strike. Case Number H039109 On March 30, 2012, defendant was charged by information with possession of heroin for sale in violation of Health and Safety Code section 11351. The information also alleged defendant was on probation when he committed the offense (§ 12022.1), and that he had a prior conviction of a serious felony (§ 1170.12, subd. (c)(1)). Defendant filed a motion pursuant to section 1385 requesting that the court dismiss his prior serious felony conviction, which the court denied.

2 The underlying facts are omitted because they are not relevant to the issues on appeal. 2…