Can a defendant appeal his conviction for possessing marijuana for sale and possessing a firearm?

California, United States of America


The following excerpt is from People v. Craig, B271249 (Cal. App. 2017):

After the jury convicted him of possessing marijuana for sale and possessing a firearm, defendant admitted having suffered two prior strikes within the meaning of the Three Strikes law (a 1994 robbery conviction and a 1995 manslaughter conviction). At the sentencing hearing, the trial court denied defendant's motion to strike one or both strikes pursuant to People v. Superior Court (Romero) (1996) 13 Cal.4th 497 (Romero). The court imposed a third strike sentence, sentencing defendant to two consecutive terms of 25 years to life.

Defendant appealed his conviction, arguing only that the trial court erred in denying his Romero motion and in failing to award the correct number of custody credits. We affirmed defendant's conviction, modifying the judgment to reflect the proper number of custody credits to which defendant was entitled. (People v. Craig, supra, B163591, p. 13.)

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