People v. Merritt CA3

Filed 2/25/25 P. v. Merritt CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Sacramento) ----

THE PEOPLE, C100807

Plaintiff and Respondent, (Super. Ct. No. 09F03812)

v.

DEVIN MICHAEL MERRITT,

Defendant and Appellant.

Defendant Devin Michael Merritt pled guilty to five counts of robbery and other felony offenses in San Diego County Superior Court (San Diego case). While serving his sentence in the San Diego case, a jury in Sacramento County Superior Court convicted Merritt of assault with a deadly weapon against another inmate (Sacramento case). The trial court found that Merritt had served two prior prison terms under Penal Code former

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section 667.5, subdivision (b).1 The court sentenced Merritt to 25 years to life under the “Three Strikes” law and imposed a determinate term of five years, which included two one-year prior prison term enhancements. The court ordered the term to be served consecutively to the San Diego case. In 2023, the court in the Sacramento case recalled and resentenced Merritt under section 1172.75. Prior to resentencing, Merritt filed a sentencing memorandum, which included his request that the Sacramento court resentence him on both the San Diego and Sacramento cases, as well as a Romero2 motion in which he sought the court to dismiss the strike in the Sacramento case. The court concluded it lacked jurisdiction to resentence Merritt in the San Diego case, denied Merritt’s Romero motion, and struck the prior prison term enhancements in the Sacramento case. The court resentenced Merritt in the Sacramento case to 25 years to life plus three years. Merritt contends the trial court erred when it found it did not have jurisdiction under section 1172.75 to resentence him in the San Diego case. Merritt further contends the trial court abused its discretion in denying his Romero motion. We disagree and will affirm the judgment. FACTUAL AND PROCEDURAL BACKGROUND In 2005, Merritt pled guilty to five counts of robbery (§ 211), attempted robbery (§§ 211, 664), carjacking (§ 215), and assault with a firearm (§ 245, subd. (a)(2)) stemming from a series of convenience store robberies in San Diego County. The court sentenced Merritt to 48 years four months. In 2011, a Sacramento County jury convicted Merritt of assault with a deadly weapon against another inmate (§ 4501). The jury also found true that Merritt personally