People v. Gutierrez

Opinion

ZEBROWSKI, J.

Mark Gutierrez appeals from his conviction by jury trial of robbery and attempted robbery. The jury found allegations of three prior convictions, one of which was alleged pursuant to section 667, subdivisions (b) through (i) of the Penal Code (the three strikes law), to be true. Appellant was sentenced to a total prison term of 18 years, 4 months. (1) His sole contention on appeal is that the trial court had discretion to strike the prior felony conviction in the furtherance of justice under the three strikes law.

The record shows the following. Appellant, then 34 years…