People v. Smith

Opinion

LAMBDEN, J.

We hold in this case charged under the “Three Strikes” law (Pen. Code, § 1170.12; unspecified section references are to that code) that the defendant is entitled to a remand under People v. Superior Court (Romero) (1996) 13 Cal.4th 497 [53 Cal.Rptr.2d 789, 917 P.2d 628] (Romero), where the record of his pre-Romero motion to strike shows the court felt it had no discretion and where the motion appears to have been consistent with his previously negotiated plea.

A second amended complaint charged Wayne Smith with three counts of selling (Health & Saf. Code, § 11352, subd. (a))…