People v. Humphrey

Opinion

YEGAN, J.

The People appeal from a “Romero” (People v. Superior Court (Romero) (1996) 13 Cal.4th 497 [53 Cal.Rptr.2d 789, 917 P.2d 628]) striking of a prior serious felony conviction after John A. Humphrey (defendant) was found guilty of grand theft from a person (Pen. Code, § 487, subd. (c)), 1 a lesser included offense of a charged robbery. (§ 211.) Defendant was sentenced as a “two strikes” defendant to 10 years in state prison. We reverse and remand for resentencing.

At the initial sentencing hearing, the trial court found that defendant had suffered two serious felony convictions…