People v. Wilson CA1/3

DISCUSSION

Defendant’s sole contention on appeal is that the trial court erred in declining to exercise its discretion to dismiss his prior strike. As we explain, we find no error.

2 1. Governing Legal Principles A criminal defendant’s request that a court strike one or more strike convictions pursuant to section 1385 is commonly referred to as a Romero motion. (People v. Superior Court (Romero) (1996) 13 Cal.4th 497 (Romero).) Section 1385 provides in relevant part that a “judge . . . may . . . in furtherance of justice, order an action to be dismissed.” (§ 1385, subd. (a).) In Romero, our Supreme Court concluded that section 1385, subdivision (a) “permit[s] a court acting on its own motion to strike prior felony conviction allegations in cases brought under the Three Strikes law.” (Romero, supra, at pp. 529–530.) A defendant has a right to “ ‘invite the court to exercise its power [under section 1385] by an application to strike a count or allegation of an accusatory pleading . . . .’ ” (People v. Carmony (2004) 33 Cal.4th 367, 375 (Carmony).) “ ‘[T]he Three Strikes law does not offer a discretionary sentencing choice, as do other sentencing laws, but establishes a…