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The People v. Valentino Polani

October 23, 2012

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
VALENTINO POLANI, DEFENDANT AND APPELLANT.



(Super. Ct. No. 08F07808)

The opinion of the court was delivered by: Robie , Acting P. J.

P. v Polani CA3

NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

Defendant Valentino Polani appeals his conviction for possession of a firearm by a felon. He contends the court abused its discretion in denying his Romero*fn1 motion to dismiss a prior strike conviction because he should have been deemed outside the spirit of the three strikes law. Defendant also contends, and the People agree, the abstract of judgment incorrectly shows his sentence to be three years instead of 32 months.

We affirm but direct the trial court to correct the abstract of judgment to accurately reflect defendant's sentence.

FACTUAL AND PROCEDURAL BACKGROUND

A

Prior Strike Conviction

On March 10, 1989, defendant was convicted of assault with a firearm in violation of Penal Code section 245, subdivision (a)(2), a strike under the three strikes law (Pen. Code, §§ 667, 1192.7, subd. (c)(8)). In that case, defendant went to his ex-girlfriend's work location with a .357-caliber revolver because he was angry at her for not wanting to "get back with him." There, he threatened to "kill her" and "blow her head off." The court sentenced him to four years in prison.

B

Conviction On Appeal

On September 22, 2008, officers from the Sacramento County Sheriff's Violence Suppression and Narcotics Investigation Division executed a search warrant for defendant's residence, vehicle, and person. During a search of the vehicle, the officers found $900 in the center console. Defendant surrendered his house keys to the officers and told them he had a marijuana plant in his backyard and a loaded handgun between the mattresses of his bed. Defendant also gave the officers the combination to a safe in his bedroom and told them he had "a couple pounds" of marijuana stored inside.

The officers then searched defendant's house. Outside, they found a marijuana plant. They also found a Smith & Wesson .357-caliber revolver with six live rounds under the mattress of defendant's bed. Inside defendant's safe, the officers found 1,698.5 grams of marijuana, packaging, and a triple-beam scale. Officers noticed the carpet in defendant's closet had been cut. After further ...


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