People v. Arellano CA2/4

DISCUSSION

Defendant contends that the trial court abused its discretion by failing to give any weight to the mitigating circumstances of his case and strike all of his priors under Romero.

I. Applicable Law

Section 1385, subdivision (a), permits a trial court to dismiss a criminal action “in furtherance of justice.” This power to dismiss an action “includes the lesser power to strike factual allegations relevant to sentencing, such as the allegation that a defendant has prior felony convictions.” (Romero, supra, 13 Cal.4th at p. 504.) In Romero, the Supreme Court held that section 1385, subdivision (a), is applicable to cases brought under the Three Strikes law (§§ 667, subds. (b)-(i), 1170.12). (Romero, supra, at pp. 504, 529-530.) In ruling on a defendant’s Romero motion, the trial court “must consider whether, in light of the nature and circumstances of his present felonies and prior serious and/or violent felony convictions, and the particulars of his background, character, and prospects, the defendant may be deemed outside the . . . spirit [of the Three Strikes law], in whole or in part, and hence should be treated as though he had not previously been convicted of one…