PEOPLE v. RODRIGUEZ

Docket No. S055670.

17 Cal.4th 253 (1998)

THE PEOPLE, Plaintiff and Respondent, v. ANTONIO RAMIREZ RODRIGUEZ, Defendant and Appellant.

Supreme Court of California.

January 15, 1998.


Attorney(s) appearing for the Case

COUNSEL

Patricia L. Watkins, under appointment by the Supreme Court, for Defendant and Appellant.

Michael P. Judge, Public Defender (Los Angeles), Albert J. Menaster, Alex Ricciardulli and Paula Montez, Deputy Public Defenders, Charles H. James, Public Defender (Contra Costa) and Ron Boyer, Deputy Public Defender, as Amici Curiae on behalf of Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Carol Wendelin Pollack, Assistant Attorney General, John R. Gorey, Sanjay T. Kumar and Douglas L. Wilson, Deputy Attorneys General, for Plaintiff and Respondent.


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...

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