People v. Green CA2/4

INTRODUCTION

In 2006, a jury convicted defendant and appellant Brounche Stephen Green of five felonies arising from acts of domestic violence and witness dissuasion directed at his pregnant girlfriend and her children. Because Green had sustained two prior strike convictions for shooting into an inhabited dwelling and robbery, the trial court sentenced him under the Three Strikes law. The court also imposed three one-year prior prison term enhancements. In 2023, the trial court resentenced Green under Penal Code section 1172.75 by striking the three prior prison term enhancements.1 The court denied Green’s Romero2 motion and reimposed his remaining sentence of 75 years to life in state prison. On appeal, Green argues the trial court abused its discretion by denying his Romero motion. He also contends the court was required to dismiss at least one prior strike in light of Senate Bill No. 81 (2021-2022 Reg. Sess.) (Stats. 2021, ch, 721, § 1). We reject these arguments and affirm the judgment.

PROCEDURAL BACKGROUND

In 2006, a jury convicted Green of inflicting corporal injury on a spouse/cohabitant (§ 273.5, subd. (a)); assault with a deadly weapon or instrument (§ 245, subd.…