People v. Cid CA2/6

Filed 6/23/25 P. v. Cid CA2/6

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION SIX

THE PEOPLE, 2d Crim. No. B334916 (Super. Ct. No. 23CR03394) Plaintiff and Respondent, (Santa Barbara County)

v.

JAIME CID,

Defendant and Appellant.

Appellant Jaime Cid challenges the trial court’s denial of her Romero1 motion, arguing recent amendments to Penal Code section 13852 apply to a trial court’s discretion to dismiss a defendant’s prior strikes. We disagree and will affirm.

1 People v. Superior Court (Romero) (1996) 13 Cal.4th 497

(Romero).

2 Further undesignated statutory references are to the

Penal Code.

FACTUAL AND PROCEDURAL BACKGROUND Appellant and her boyfriend were arguing in a Walmart parking lot when appellant began slashing the tires of her boyfriend’s car. He called 911, and appellant lunged at him with a knife. He sustained a minor break to his skin. Appellant was charged by information with one count of assault with a deadly weapon (§ 245, subd. (a)(1)) (count 1), and one count of vandalism (§ 594, subd. (a)) (count 2). She was convicted by jury of assault with a deadly weapon and it was found true she was armed with a weapon at the time of the crime. (Cal. Rules of Court, Rule 4.421, subdivision (a)(2).) The jury deadlocked on count 2, the court declared a mistrial as to that count, and the prosecution moved to dismiss the count. Appellant waived her right to a jury deciding her prior convictions. The court found proof beyond a reasonable doubt that she has numerous prior convictions (Cal. Rules of Court, rule 4.421, subd. (b)(2)), served a prior term in prison (id., subd. (b)(3)), and was on probation when the crime was committed (id., subd. (b)(4)). Appellant’s motion for reduction of the charge from a felony to a misdemeanor pursuant to section 17, subdivision (b) was denied. Appellant’s Romero motion to dismiss the strike priors for sentencing was denied on the basis that section 1385, subdivision (c), does not apply to strike priors. The trial court sentenced appellant to 25 years to life based on the two prior strike offenses (§ 667, subd. (e)(2)(A)), imposed a reduced restitution fine of $1,000, and a parole revocation fine of $1,000. Appellant was credited with 254 days of pre-sentence custody, 254 additional credits, and 42 days of milestone credits, for a total of 550 days credit.