People v. Martinez CA4/2

DISCUSSION

The Trial Court Did Not Abuse Its Discretion in Declining to Dismiss

Defendant’s Prior Strike Convictions

Defendant contends that the trial court abused its discretion when it denied his

motion to dismiss one or both of his prior strike convictions pursuant to People v.

Superior Court (Romero) (1996) 13 Cal.4th 497 (Romero). He specifically claims that

his case falls outside the three strikes scheme because: (1) doubling the maximum

penalty for his conviction would have served the purpose of protecting the community;

(2) his two prior strikes arose from a single incident on the same date and involved the

same victim; and (3) although his criminal history goes back to 1994, most of his

convictions are for “relatively innocuous” misdemeanors. We find no abuse of

discretion.

A. Relevant Background

Defendant’s two prior strikes arose from a 2004 incident. Defendant entered a

plea agreement and pled guilty to attempted premeditated murder (§§ 664, 187, subd. (a))

and shooting at an inhabited dwelling (§ 246). He also admitted a gun use enhancement.

(Former § 12022.53, subd. (d)). In exchange, he was to receive a 10-year prison term and

3 be released on a…