What Are the Factors for a Romero Motion?
The "Romero Motion" is a crucial tool for defendants facing long prison sentences under California's "Three Strikes" law. When successful, it can result in the removal of one or more prior strike convictions, leading to a lighter sentence.
If you are charged with a felony that qualifies as a "strike" and already have two strikes on your record,
California law provides a defense option that might help you avoid the mandatory "25-to-life" sentence for a third strike.
A Romero motion involves a defendant requesting that the court dismiss or "strike" a prior strike conviction, preventing its use as a sentencing enhancement.
The three-strikes law is a strict sentencing rule that can lead to life imprisonment for anyone convicted of a felony who has prior felony "strike" offenses.
Key Takeaways
- The defense attorney can file this motion at any stage of a California criminal case, including during sentencing.
- If you or a family member faces a second or third strike charge and a potential long prison sentence under California's three strikes law, we may be able to assist you.
- The Romero Motion is applicable only in specific cases, but when used effectively, it can prevent excessively severe punishments or miscarriages of justice.
Explanation of the Romero Motion
In 1994, California passed the "Three Strikes" law, initially through Proposition 184 and later codified as Penal Code 667 PC.
This legislation mandates stricter penalties for individuals with three or more qualifying felony convictions, including a mandatory sentence of 25 years to life on the third "strike." It has faced criticism for contributing to mass incarceration and disproportionately impacting people of color.
In 1996, the landmark California Supreme Court case People v. Superior Court (Romero) established that a trial court has the authority to dismiss a prior strike conviction if doing so is in the interest of justice.
The case involved Jesus Romero, who was charged with a felony for cocaine possession after having previous "strikes" for burglary and attempted burglary.
The judge concluded that applying a third strike for simple possession was an unfair punishment. As a result, he proposed eliminating one of the strikes as part of a plea deal, citing his authority under Penal Code 1385.
After the strike allegations were dismissed, Romero avoided a life sentence but was sentenced to six years because of previous prison terms.
What Does PC 1385 Say?
Penal Code 1385, which states, "The judge or magistrate may, either on motion of the court, in furtherance of justice, order an action to be dismissed which shall be stated orally on the record. The court shall list the reasons in an order entered upon the minutes if requested or if the proceedings are not recorded electronically or by a court reporter. A dismissal will not be made for any cause that would be a ground of demurrer to the accusatory pleading."
Since then, related cases have shown that the Romero Motion is now an official request for the judge to remove a strike from the defendant's record in pursuit of justice.
What are the Criteria for Granting a Romero Motion?
What factors does the court typically consider when deciding whether to grant a Romero Motion? Although no strict rule exists, the court generally evaluates several factors on a case-by-case basis. These can include:
- The nature and severity of the current offense.
- The previous convictions are being referred to as "strikes."
- the defendant's criminal record, general character, and life situation;
- The degree to which a lengthy prison sentence aligns with justice or enhances public safety.
Related Case - People v. Williams
A subsequent court case, People v. Williams, further clarified the criteria under which a judge can grant a Romeo Motion, including the following conditions:
- The judge must have reasonable grounds to believe that applying the "three strikes" rule would amount to "cruel and unusual punishment" and would not align with the interests of justice.
- The judge should deny the motion if approving it would create an unreasonable risk to public safety.
- The judge should not grant the motion solely due to factors like court convenience or case congestion. Instead, there must be a relevant reason directly related to the case.
- The judge should not approve the motion solely because of a guilty plea. This limits the effectiveness of the Romeo motion as just a "bargaining chip" in plea negotiations. Although in the original State v. Romeo case, the judge dismissed a strike as part of a plea agreement, he also reasoned that applying three strikes would have resulted in a miscarriage of justice for the defendant.
- The motion should not be granted if it constitutes an "abuse of judicial discretion." Instead, there must be a valid and reasonable legal basis for approving it.
Does It Also Strike the Conviction?
No, it doesn't. If the court approves your Romero Motion and removes a strike, the conviction remains on your criminal record, which is important to understand for future legal considerations.
The conviction will remain visible in background checks and can be used against you if you commit another crime later. However, if there is no "strike" label on previous offenses, the judge may choose to give a more lenient sentence for future convictions.
If a trial judge chooses to dismiss a strike allegation, they must state their reasons in the court minutes. This means the judge must explain their decision openly in court so that the court reporter can include it in the transcript.
This approach ensures that if the case is appealed, the appellate court can understand the reasoning behind the trial judge's decision and determine whether the judge abused its discretion.
If you or a family member has a criminal case involving a Romero Motion and requires additional information, contact our California criminal defense attorneys at Cron, Israels & Stark to review the details.