The People v. Stiffler CA5

Filed 9/20/13 P. v. Stiffler CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT

THE PEOPLE, F066071 Plaintiff and Respondent, (Super. Ct. No. BF143630B) v.

JEFFREY RAY STIFFLER, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. Charles R. Brehmer, Judge. Richard L. Fitzer, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, William K. Kim and Kathleen A. McKenna, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Cornell, Acting P.J., Gomes, J., and Kane, J.

Defendant Jeffrey Ray Stiffler pleaded no contest to one count of possessing methamphetamine for sale. He had one prior strike within the meaning of the Three Strikes Law and was sentenced accordingly. He now argues that the trial court abused its discretion when it denied his motion pursuant to People v. Superior Court (Romero) (1996) 13 Cal.4th 497 to dismiss the prior strike. We affirm the judgment. FACTUAL AND PROCEDURAL HISTORIES The district attorney filed a complaint charging Stiffler with six counts: (1) maintaining a place for unlawfully selling methamphetamine (Health & Saf. Code, § 11366); (2) child endangerment (Pen. Code, § 273a, subd. (a)1); (3) possession of methamphetamine for sale (Health & Saf. Code, § 11378); (4) manufacturing metal knuckles or offering them for sale (§ 21810); (5) being under the influence of a controlled substance (Health & Saf. Code, § 11550, subd. (a)); and (6) possession drug paraphernalia (Health & Saf. Code, § 11364.1). The complaint alleged that Stiffler had served three prior prison terms within the meaning of section 667.5, subdivision (b). An allegation of a prior strike—a first degree burglary from 1998—was added to the complaint later. The parties entered into a plea agreement. Stiffler pleaded no contest to count 3 and admitted a prior prison term and the prior strike. The parties stipulated that a factual basis for the plea was contained in law enforcement reports, which are not included in the appellate record. In exchange for the plea, Stiffler received a lid of 44 months, consisting of the 16-month low term, doubled for the prior strike, plus one year for a prior prison- term enhancement. The remaining counts were dismissed. Stiffler reserved his right to make a Romero motion at the sentencing hearing, arguing that the prior strike should be dismissed.