People v. Peters CA1/3

DISCUSSION

A. Romero Motion Defendant first argues that the trial court abused its discretion in denying his Romero motion. In Romero, supra, 13 Cal.4th 497, the California Supreme Court held that a trial court may strike a prior violent or serious felony conviction allegation under the Three Strikes law “ ‘in furtherance of justice’ pursuant to . . . section 1385[, subdivision ](a).” (People v. Williams (1998) 17 Cal.4th 148, 158 (Williams).) In determining whether a dismissal would be in furtherance of justice, courts must consider both the constitutional rights of the defendant and the interests of society represented by the People. (Romero, at p. 530.) The reasons for the dismissal must motivate a reasonable judge, and a dismissal should not arbitrarily undercut society’s legitimate interest in the fair prosecution of properly alleged crimes without a showing of detriment to the defendant. (Id. at pp. 530–531.) In assessing a Romero motion, courts should consider whether “in light of the nature and circumstances of [the defendant’s] present felonies and prior serious and/or violent felony convictions, and the particulars of [the defendant’s] background, character, and…