People v. Sims CA3

Filed 11/10/25 P. v. Sims CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C102653

Plaintiff and Respondent, (Super. Ct. No. 62-191656)

v.

MARVIN MONQUE SIMS,

Defendant and Appellant.

Following a bifurcated trial, defendant Marvin Monque Sims was sentenced to an indeterminate term of 25 years to life on two counts pursuant to the “three strikes” law. On appeal, Sims contends that the trial court abused its discretion when it denied his Romero1 motion to dismiss his prior strike convictions. We conclude the trial court did not abuse its discretion when it denied Sims’s motion and, thus, affirm the judgment.

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

1

BACKGROUND Sims was charged with violating Penal Code2 section 29800, subdivision (a)(1), felon in possession of a firearm; section 30305, subdivision (a)(1), felon in possession of ammunition; and section 148.9, subdivision (a), providing false information to a police officer. There were allegations of four prior strike convictions pursuant to section 667, subdivisions (b) through (i) and circumstances in aggravation. Prior to trial, defense counsel filed a motion to dismiss the prior strike offenses pursuant to Romero, supra, 13 Cal.4th 497. In the motion and during the proceedings, counsel argued that the alleged prior strikes were committed when Sims was a juvenile, and that he suffers from childhood trauma, mental illness, and addiction issues. He also cited case law and scientific studies discussing adolescent brain development and recognizing fundamental differences between juveniles and adults. He also argued that the current offenses were not serious or violent felonies. The People filed an opposition that detailed Sims’s criminal record. The People argued Sims’s criminal history demonstrated Sims was precisely the type of career criminal for whom the three strikes law was enacted; when Sims did get released from custody, he reoffended, and many of these re-offenses consisted of being a felon in possession of a firearm; and that although Sims was a juvenile when he committed his prior strike offenses, he has continued to reoffend long after reaching adulthood with no signs of slowing down or stopping.3 The trial court subsequently denied the motion. In its ruling, the trial court took into consideration evidence presented by defense counsel regarding the current neuroscience research in relation to juveniles and juvenile offenders. However, the trial