California Court of Appeal

Defendant's sentence as a three strikes offender after conviction for robbery and carjacking is affirmed as, by applying the definition of a "strike" as provided by the three strikes law, and by closely hewing to People v. Benson, in cases such as this, the trial court is not compelled to strike a strike, but must consider the closeness of the two strikes as an additional circumstance in conducting a Romero analysis.

Appellate Information

• Decided 11/24/2009
• Published 11/24/2009

Judges

• BUTZ, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Richard Power, under appointment by the Court of Appeal, for Defendant and Appellant., Edmund G. Brown, Jr., Attorney General, and Jeffrey D. Firestone, Deputy Attorney General, for Plaintiff and Respondent.