People v. Appel CA2/6

STATEMENT OF FACTS

Because appellant pleaded guilty prior to a preliminary hearing, the relevant facts are derived from the probation report. On the night of March 2, 2019, appellant went to a party at Luis Hernandez’s home in El Rio. Appellant got into an argument with Hernandez, pulled out a handgun, and shot Hernandez in the torso. The bullet struck and fractured Hernandez’s spine and approximately two feet of his intestines had to be removed. The police subsequently searched appellant’s residence and found 68.1 grams of cocaine, a digital scale, baggies, ammunition, and $5,680 in cash. Several weeks after the shooting, appellant claimed he had acted in self-defense because Hernandez and his father stood in front of his car to prevent him from leaving. He also stated his belief that a 16-year prison sentence would be excessive and

2 unfair because “[t]here was only one shot which does not make this an assault case” and he merely “used one round (of ammunition) to defend himself.”

DISCUSSION

I. Romero Motion At his sentencing hearing, appellant brought a Romero motion to dismiss his prior strike for robbery in the interest of justice. The court granted the motion as to the…