People v. Smith CA2/1

BACKGROUND

In a January 18, 2002 information, Smith was charged with mayhem (§ 203; count 1), assault with a deadly weapon likely to cause great bodily injury (former § 245, subd. (a)(1); count 2), and corporal injury to a spouse (§ 273.5, subd. (a); count 3). As to all three counts, it was alleged that Smith inflicted great bodily injury under domestic violence circumstances (§ 12022.7, subd. (e)) and that he personally used a deadly and dangerous weapon (§ 12022, subd. (b)(1)), a knife. It was further alleged that Smith had two prior convictions that each qualified as a prior serious felony (§ 667, subd. (a)(1)), as well as two prior prison term convictions (§ 667.5). On October 7, 2002, Smith agreed to an open plea after the trial court indicated that it would strike one of his prior convictions for sentencing purposes under People v. Superior Court (Romero) (1996) 13 Cal.4th 497.3 Smith pleaded no contest to each count and admitted all of the allegations. The trial court sentenced him to 32 years in state prison, which included five

Under Romero, “a trial court may strike or vacate an allegation or finding under the Three Strikes law [(§§ 667, subds. (b)-(i), 1170.12)]…