California, United States of America
The following excerpt is from People v. Boggs, A123354 (Cal. App. 10/14/2009), A123354 (Cal. App. 2009):
Defendant admitted the prior felony conviction but filed a Romero motion to strike the prior strike conviction allegation for purposes of sentencing. (People v. Superior Court (Romero ) (1996) 13 Cal.4th 497.) Defendant claimed that he fell outside the spirit of the three strikes law because there was not substantial evidence that his present offense "endangered a lot of people," his prior serious felony was nonviolent, he had a drug addiction that had just recently been addressed, and his character and prospects showed promise. Despite these claims the trial court did not exercise its discretion to grant the Romero motion and instead decided that the interest of justice was best served by applying the prior strike conviction in sentencing defendant. We affirm the judgment and sentence.
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