Defendant's sentence as a three strikes offender after conviction for robbery and carjacking is affirmed as, by applying the definition of a "strike" as provided by the three strikes law, and by closely hewing to People v. Benson, in cases such as this, the trial court is not compelled to strike a strike, but must consider the closeness of the two strikes as an additional circumstance in conducting a Romero analysis.
Filed November 24, 2009
Opinion by Judge Butz
For Appellant: Richard Power
For Appellee: Edmund G. Brown, Jr., Attorney General, and Jeffrey D. Firestone, Deputy Attorney General