People v. Spaugy CA4/2

INTRODUCTION

Defendant and appellant Jeverion Spaugy was convicted of forcible rape of his

adopted 17-year-old sister and sentenced to 14 years in state prison. He now appeals the

trial court’s denial of his Romero1 motion to vacate his prior felony conviction allegation.

Defendant argues that the trial court abused its discretion by failing to afford

“great weight” to the mitigating circumstances articulated in the recent amendment to

Penal Code2 section 1385 and by denying the Romero motion despite an absence of

evidence of endangerment to public safety. The People argue that the amendment does

not apply to sentences, such as defendant’s, that were increased by the “Three Strikes”

law.

We conclude that the amended law’s references to “enhancements” do not include

Three Strikes punishments, such that defendant’s argument fails. We therefore affirm the

trial court’s ruling on defendant’s Romero motion.

FACTUAL AND PROCEDURAL HISTORY

On January 4, 2023, a jury found defendant guilty of forcible rape under section

261. Defendant subsequently waived his right to a jury trial on the existence of

aggravating factors and his previous felony conviction, and instead…