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Name: People v. Thimmes
Case #: H028897
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 04/26/2006

Remand for a new Romero hearing was required where the defendant received ineffective assistance of counsel at that hearing. The defendant received a doubled sentence after the court declined to strike his prior conviction for a violation of section 422. The court’s statements at the hearing made it clear that the defendant’s prior conviction was not particularly serious or violent, and that the court was declining to strike the prior because the defendant had been notified at the time of his plea to that offense that it could later be used to enhance his sentence. However, the defendant’s plea to the section 422 violation occurred prior to the addition of that offense to the list of serious or violent felonies. Thus, the court’s decision was based on a factual or legal error, and counsel was ineffective for failing to bring that error to the court’s attention.