People v. Rodriguez

Opinion

WERDEGAR, J.

In this case we consider how People v. Superior Court (Romero) (1996) 13 Cal.4th 497 [53 Cal.Rptr.2d 789, 917 P.2d 628], should apply to that narrow class of defendants whose sentencing courts erroneously believed, and indicated on the record, that they lacked discretion to strike prior felony conviction allegations under the “Three Strikes” law (Pen. Code, §§ 667, subds. (b)-(i), 1170.12) 1 and whose appeals are not yet final. We recently observed that such cases must be remanded to give sentencing courts an opportunity to exercise their discretion. (People v. Fuhrman…