People v. Poe CA5

INTRODUCTION

In 2014, a jury convicted defendant David Poe of possessing a weapon, a knife, in prison (Pen. Code, § 4502, subd. (a)) and he was sentenced to 25 years to life in prison pursuant to the Three Strikes law, plus one year for a prison prior enhancement (§ 667.5, former subd. (b)), to be served consecutive to his 83-year sentence.1 (All further statutory references are to the Penal Code except where otherwise indicated.) In 2024, the trial court resentenced defendant pursuant to section 1172.75, striking the now-invalid prison prior enhancement but denying defendant’s motion pursuant to People v. Superior Court (Romero) (1996) 13 Cal.4th 497 (Romero) seeking to dismiss eight of his nine strike priors from 1990. The court resentenced defendant to 25 years to life. On appeal, defendant contends the trial court erred in denying his Romero motion, asserting his current offense was minor in nature and dissimilar to his 1990 convictions. We affirm.

FACTUAL AND PROCEDURAL HISTORY

CHARGES, VERDICT, AND ORIGINAL SENTENCE

Defendant was charged with felony unlawful possession of a weapon, to wit: a sharp instrument, while confined in a penal institution (§ 4502, subd. (a))…