California, United States of America
The following excerpt is from People v. Green, C089310 (Cal. App. 2020):
At sentencing, the court denied defendant's Romero motion (People v. Superior Court (Romero) (1996) 13 Cal.4th 497), but exercised its discretion under section 1385, subdivision (b)(1) to strike the punishment for one of his two prior strikes, thus electing not to impose a sentence of 25 years to life. Instead, the court imposed a total aggregate determinate term of 17 years in prison. This term was comprised of the upper term of three years on count three, doubled to six years because of the strike, plus two 5-year prior serious felony enhancements, plus one year for the prison prior enhancement to be served consecutively. The court also imposed the low term of 16 months, doubled to 32
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months for count four, which the court then stayed pursuant to section 654. Defendant timely appealed.
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