People v. Chavez CA5

FACTS

On January 21, 2013, defendant stole a car parked in front of the owner’s house. When defendant was found, he was pushing the car, which was now damaged, and he was carrying documents belonging to the car’s owner in his pocket.

DISCUSSION

I. Romero3 Motion

Defendant contends the trial court abused its discretion when it refused to dismiss his prior strike conviction and proceeded to sentence him to twice the base term under the Three Strikes law (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)). Section 1385 grants trial courts the discretion to dismiss a prior strike conviction if the dismissal is in furtherance of justice. (§ 1385, subd. (a); Romero, supra, 13 Cal.4th at pp. 529-530.) “‘A court’s discretion to strike [or vacate] prior felony conviction allegations [or findings] in furtherance of justice is limited. Its exercise must proceed in strict compliance with … section 1385[, subdivision] (a) ….’” (People v. Williams (1998) 17 Cal.4th 148, 158.) The Three Strikes law “was intended to restrict courts’ discretion in sentencing repeat offenders.” (Romero, supra, at p. 528; People v. Garcia (1999) 20 Cal.4th 490, 501 [“a primary purpose of the Three Strikes law…