California, United States of America
The following excerpt is from People v. Colmenero, D067066 (Cal. App. 2016):
In 1996, Colmenero was convicted of being a felon in possession of a firearm (former 12021, subd. (a)) and not registering as a sex offender (former 290, subd. (a)(2)). The trial court denied his motion to dismiss his prior strike offenses and sentenced him under the three strikes law to an indeterminate term of 25 years to life for the first count and a concurrent six-month term for the second count. On appeal, we affirmed his sentence. (People v. Colmenero (Apr. 8, 1997, D026568) [nonpub. opn.].)
On September 30, 2014, Colmenero filed a petition for writ of habeas corpus, requesting a recall of his 1996 sentence pursuant to People v. Superior Court (Romero) (1996) 13 Cal.4th 497. He subsequently filed two substantively identical petitions for writ of habeas corpus. On November 12, considering all three petitions as one, the trial court issued an order denying the petition for writ of habeas corpus. The court concluded his contention that he was outside the spirit of the three strikes law was untimely. It further concluded his prior convictions arose out of separate acts and therefore he had been correctly sentenced based on his two prior strike convictions.
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