People v. Sims CA3

BACKGROUND

Sims was charged with violating Penal Code2 section 29800, subdivision (a)(1), felon in possession of a firearm; section 30305, subdivision (a)(1), felon in possession of ammunition; and section 148.9, subdivision (a), providing false information to a police officer. There were allegations of four prior strike convictions pursuant to section 667, subdivisions (b) through (i) and circumstances in aggravation. Prior to trial, defense counsel filed a motion to dismiss the prior strike offenses pursuant to Romero, supra, 13 Cal.4th 497. In the motion and during the proceedings, counsel argued that the alleged prior strikes were committed when Sims was a juvenile, and that he suffers from childhood trauma, mental illness, and addiction issues. He also cited case law and scientific studies discussing adolescent brain development and recognizing fundamental differences between juveniles and adults. He also argued that the current offenses were not serious or violent felonies. The People filed an opposition that detailed Sims’s criminal record. The People argued Sims’s criminal history demonstrated Sims was precisely the type of career criminal for whom the three strikes law…