People v. Shaw CA3

Filed 7/12/24 P. v. Shaw CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Placer) ----

THE PEOPLE, C098821

Plaintiff and Respondent, (Super. Ct. No. 62176716Z)

v.

TROY LEE SHAW,

Defendant and Appellant.

A jury found defendant Troy Lee Shaw guilty of felony driving under the influence and three misdemeanor drug possession charges. Shaw admitted he had two “super strike” convictions for gross vehicular manslaughter while intoxicated where he killed a 21-year-old mother and her baby. The trial court sentenced him to 25 years to life. On appeal, Shaw argues the trial court abused its discretion in not dismissing at least one of the strikes because it was based on a single act committed years ago. Shaw also asserts the trial court should have followed the guidance of the amendments to Penal

1

Code1 section 1385, subdivision (c), brought about by Senate Bill No. 81 (2021-2022 Reg. Sess.) (Senate Bill 81) to decide whether to strike these prior convictions. (Stats. 2021, ch. 721, § 1.) We will affirm. BACKGROUND The information charged Shaw with driving under the influence of a drug, driving while an addict, possession of a controlled substance, possession of drug paraphernalia, and possession of more than 28.5 grams of marijuana. (Veh. Code, §§ 23152, subd. (f), 23152, subd. (c); Health & Saf. Code, §§ 11377, subd. (a), 11364, subd. (a), 11357, subd. (b)(2).) It also alleged he had two prior “super strike” convictions for gross vehicular manslaughter while intoxicated. (Pen. Code, § 191.5, subd. (a); Veh. Code, § 23550.5, subd. (b); Pen. Code, §§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d).) According to the probation report, in 2002, Shaw was driving his car under the influence of alcohol with a 0.15 percent blood-alcohol content and collided with a car that had three people in it: a grandmother, a 21-year-old mother, and her 23-month-old baby. Both mother and baby died at the scene of the accident. Prior to trial, Shaw moved to dismiss the prior strike allegations pursuant to section 1385 and People v. Superior Court (Romero) (1996) 13 Cal.4th 497 arguing those two strikes arose out of a single incident. The trial court denied that motion without prejudice. In view of the contentions raised on appeal, we briefly summarize the pertinent facts of the current matter. Shaw’s car was stopped in the middle of a rural road in Placer County with its engine running while he was unconscious behind the wheel. The car was adorned with a large part of a mandarin tree, which seemed strange as there were no nearby mandarin groves.