People v. Pestoni CA3

Filed 11/18/21 P. v. Pestoni CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(El Dorado) ----

THE PEOPLE, C093092

Plaintiff and Respondent, (Super. Ct. No. P19CRF0352)

v.

JOSEPH PESTONI,

Defendant and Appellant.

A jury found defendant Joseph Pestoni guilty of assault with a deadly weapon and leaving the scene of an accident. Defendant admitted he had previously been convicted of robbery in 1995, which qualified as a strike under the three strikes law. After denying his Romero1 motion to strike that prior conviction, the trial court sentenced him to an aggregate term of six years in prison. On appeal, defendant argues the trial court abused its discretion in denying his Romero motion and that he is entitled to…