People v. Robinson CA3

DISCUSSION

I. Romero Motion

Defendant argues the trial court abused its discretion in denying his Romero motion. Specifically, defendant argues the nature and circumstances of the current offense, his criminal history, the remoteness of his prior strike conviction, and his background, character, and prospects, compel a conclusion that the Romero motion should have been granted. We find no abuse of discretion in the trial court’s denial of defendant’s Romero motion. A. Governing Law Section 1385, subdivision (a) permits a trial court, in furtherance of justice, to strike (i.e., dismiss) a prior strike conviction for purposes of sentencing if the defendant falls outside the spirit of the three strikes law. (People v. Williams (1998) 17 Cal.4th 148, 161 (Williams).) In so doing, the trial court “must consider whether, in light of the nature and circumstances of [the defendant’s] present felonies and prior serious and/or violent felony convictions [(i.e., strike convictions)], and the particulars of his background, character, and prospects, the defendant may be deemed outside the scheme’s spirit, in whole or in part, and hence should be treated as though he had not previously been…