People v. Davis CA3

FACTS AND PROCEDURAL BACKGROUND

On March 19, 2012, defendant was ordered to be present on April 6, 2012, in case No. 12F1284 which charged receiving stolen property. Defendant failed to appear and a bench warrant was issued for his arrest. Defendant’s failure to appear was charged in case No. 12F2584, which is the case that currently underlies this appeal. Defendant entered a plea of no contest to the failure to appear charge in case No. 12F2584 and admitted the prior strike conviction in exchange for dismissal of other remaining allegations and the opportunity to file a Romero motion. The plea also provided for the dismissal of case No. 12F1284 (with a Harvey waiver) and a third case, No. 12F4544. After entering his plea, defendant requested that the court dismiss the prior strike pursuant to Romero, arguing that his failure to appear was one of the least serious felonies with a triad of 16 months, two years, or three years, that his prior strike was 14- years old and was the least serious of all arson crimes (burning of personal property with a top punishment of three years), and that his background, character and prospects weighed in favor of dismissing the prior strike. The…