People v. Milward CA3

BACKGROUND

The facts underlying defendant’s conviction are not relevant to this appeal. It suffices to say that the jury found him guilty as set forth above. Before his sentencing, defendant asked the trial court to strike one of his prior strike convictions pursuant to People v. Superior Court (Romero) (1996) 13 Cal.4th 497 (Romero). In that motion, defendant’s counsel argued defendant had rejected an initial plea offer of four years in prison, consecutive to the life terms he was already serving. Without evidentiary support, defendant’s counsel wrote: “A very reasonable offer was made to resolve this matter. However, it was rejected. At the time, counsel believed that [defendant] faced a maximum sentence of eight years. Upon review to [sic] the probation report, it came to the attention of all parties . . . that . . . a sentence of twenty-five to life was mandated.” Defendant’s probation report indicated that in addition to juvenile adjudications for petty theft, grand theft auto, and obstructing or resisting a public officer, defendant was convicted of first degree and second degree murder in 1993 in Riverside County and of assault by a life prisoner in 1993 in Sacramento…