People v. Salido CA2/3

INTRODUCTION

A jury convicted defendant Rigoberto Salido of attempted murder and illegally cultivating marijuana. The jury also found Salido personally and intentionally discharged a firearm causing the victim to suffer great bodily injury under Penal Code1 section 12022.53, subdivision (d), and that he personally inflicted great bodily injury on the victim under section 12022.7, subdivision (a). In a bifurcated proceeding, Salido admitted he suffered four prior convictions for robbery, all of which qualify as serious or violent felonies for purposes of the three-strikes law. Salido then made an oral motion to strike his prior convictions under People v. Superior Court (Romero) (1996) 13 Cal.4th 497 (Romero), which the court denied. The court sentenced Salido to an aggregate term of 53 years to life in prison. On appeal, Salido contends, and the People concede, the court should have stayed execution of the three-year enhancement imposed under section 12022.7, subdivision (a). Salido also contends the court abused its discretion in denying his Romero motion. We modify Salido’s sentence by staying the three-year great bodily injury enhancement. In all other respects, we…