People v. Romero CA6

I. BACKGROUND

In 2019, a jury convicted Romero of three counts of aggravated sexual assault on a child under the age of 14 (§ 269, subd. (a)(1), (4) & (5)) (count 1-3), 10 counts of lewd acts on a child under the age of 14 (§ 288, subd. (a)) (counts 4-13), and six counts of lewd acts on a child 14 or 15 years of age (§ 288, subd. (c)(1)) (counts 14-19). The trial court found true “one-strike” allegations as to counts 4 through 13 (§ 667.61, subd. (d)), and further found that Romero had sustained convictions for two strike priors (§ 1170.12). The court sentenced Romero to an aggregate term of 900 years to life.

2 Because we conclude that the trial court was not required to grant Romero relief under newly enacted section 1385(c), we do not reach the question of whether section 1385(c)’s use of the word “enhancement” extends to strike priors alleged under the Three Strikes law. 3 The parties agree that the acts punishable in counts 1, 2, and 3 are the same as those punishable in counts 4, 5, 6, respectively.

2 Romero appealed, advancing numerous challenges to his convictions and sentence, including the argument that he is entitled to the ameliorative effects of Assembly Bill…