Romero Motion to Strike a Strike

A Romero motion, also known as a “Romero motion to strike a strike,” refers to a legal procedure in California that allows a defendant with a prior serious or violent felony conviction (a “strike” under California’s Three Strikes Law) to request that the court “strike” or disregard one or more of their prior strikes for sentencing purposes.

The name “Romero motion” comes from the California Supreme Court case People v. Superior Court (Romero), which established the authority of trial courts to dismiss or “strike” prior strike convictions in the interest of justice.

Here’s how the process generally works:

1. Three Strikes Law: Under the Three Strikes Law, individuals with two or more prior serious or violent felony convictions face enhanced sentences, including potential life sentences for a third qualifying offense.
2. Romero Motion: If a defendant is facing a third strike and wishes to avoid the harsh penalties associated with it, their defense attorney may file a Romero motion. This motion requests the court to dismiss or strike one or more of the prior strike convictions, allowing for a more lenient sentence.
3. Factors Considered: In deciding whether to grant a Romero motion, the court considers various factors, including the nature and circumstances of the current offense, the defendant’s criminal history, the length of time since the prior strikes, and any other relevant factors. The court has discretion in making this decision.
4. Prosecution and Defense Arguments: The prosecution may oppose the Romero motion, arguing that the defendant’s criminal history justifies the enhanced sentence. The defense, on the other hand, may present arguments and evidence in favor of striking one or more strikes to achieve a more proportionate sentence.
5. Judicial Discretion: The decision to grant or deny a Romero motion is within the discretion of the trial judge. The judge weighs the competing factors and exercises discretion based on the circumstances of the case.

It’s important to note that the success of a Romero motion depends on the specific facts of the case and the legal arguments presented. Not all Romero motions are granted, and the decision is based on the unique circumstances of each case.