People v. White CA1/5

Filed 8/28/24 P. v. White CA1/5 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE, A168970 Plaintiff and Respondent, v. (Contra Costa Super. Ct. No.05-981964-0) JERRY WHITE, Defendant and Appellant.

Defendant Jerry White appeals the trial court’s denial of his petition for resentencing pursuant to Penal Code1 section 1172.75. White contends that the court abused its discretion under People v. Superior Court (Romero) (1996) 13 Cal.4th 497 (Romero) in declining to dismiss White’s five prior strike convictions. We disagree and affirm. I. BACKGROUND A. Procedural History2 In December 1998, the People filed a felony information charging White with: (1) assault with a deadly weapon on a peace officer (§ 245, subd. (c);

1 All further statutory references are to the Penal Code unless

otherwise specified. 2 We grant the People’s unopposed request for judicial notice.

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counts one ― three); (2) taking a vehicle (Veh. Code, § 10851, subd. (a); count four); (3) evading a police officer while driving recklessly (Veh. Code, § 2800.2; count five); (4) second degree burglary (§§ 459, 460, subd. (b); count six); (5) receiving stolen property (§ 496, subd. (a); count seven); and (6) possessing ammunition as a convicted felon (former § 12316, subd. (b)(1); count eight). The information further alleged that White had five prior strike convictions3 (§ 667, subds. (b)―(i)) and a prior conviction for taking a vehicle (§ 666.5, subd. (a)), and previously served a prison term (former § 667.5, subd. (b)). In June 1999, a jury found White not guilty as to one of the counts of assault with a deadly weapon but guilty as to all remaining counts. The trial court found the enhancement allegations to be true. At sentencing, White asked the court to exercise its discretion under Romero and dismiss his five prior strike convictions. The court declined to do so with respect to White’s convictions for assault with a deadly weapon and evading while driving recklessly (counts one, three, and five) but dismissed four of the five prior strikes with respect to his convictions for taking a vehicle, burglary, and receiving stolen property (counts four, six, and seven). The court sentenced White to 34 years to life in prison, which included a one-year enhancement for his prior prison term under former section 667.5, subdivision (b). In August 2023, White petitioned for resentencing under section 1172.75. In his petition, he requested that the trial court strike his one-year prison prior as required by section 1172.75 and renewed his Romero motion. White cited to his youth, abusive upbringing, drug addiction, and mental