People v. Lee

Opinion

KANE, J.

After defendant pled no contest to multiple felonies and admitted a prior felony conviction, he filed a Romero 1 motion in which he asked the sentencing court to dismiss (“strike”) his prior felony conviction under Penal Code section 1385. 2 In support of the motion, defendant argued that the prior conviction occurred nine years earlier, he successfully completed probation for that conviction, and the circumstances of the instant offense warranted leniency. The sentencing court denied the motion, reasoning that the circumstances of the prior and instant offenses did not justify…