People v. Solomon CA5

INTRODUCTION

This case returns to us after resentencing was conducted in September 2023. Defendant was originally sentenced in 2019 after he was found guilty by a jury of three in-custody offenses in two separate cases: one related to drug smuggling and the other for battery of a correctional officer. The juries both found true defendant had suffered prior serious and/or violent convictions (strikes) within the meaning of the “Three Strikes” law (Pen. Code, §§ 667, subds. (b)–(i), 1170.12, subds. (a)–(d)),1 subjecting defendant to two-strike sentences for each offense.2 At the resentencing hearing in September 2023, the trial court declined to strike the prior strike convictions under section 1385, subdivision (a). The court imposed an aggregate term of 11 years, consecutive to the determinate term defendant was currently serving for 1997 out-of-custody offenses committed in Sacramento County. On appeal, defendant argues the trial court abused its discretion in declining to dismiss or strike his prior strikes. Having considered the record and the parties’ arguments, we are unable to conclude the trial court abused its discretion in declining to strike defendant’s prior strike…