People v. Rascon CA3

California Court of Appeal Oct 8, 2014 No. C074980Unpublished

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Holding. The trial court did not abuse its discretion in denying the defendant's Romero motion to strike prior felony convictions, as the defendant's consistent history of recidivism and criminal conduct while in custody placed him within the spirit of the three strikes law.

Issues

Did the trial court abuse its discretion by denying the defendant's motion to strike prior strike convictions under People v. Romero?
Did the denial of the Romero motion violate the defendant's constitutional right to due process?

Disposition. affirmed

Quotations verified verbatim against the opinion

“the nonviolent or nonthreatening nature of the felony cannot alone take the crime outside the spirit of the law”

“the mere fact that a strike is remote in time is insufficient to grant a Romero motion where, as here, the defendant has engaged in consistent criminal activity over the intervening years.”

Filed 10/8/14 P. v. Rascon CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Shasta) ----

THE PEOPLE, C074980

Plaintiff and Respondent, (Super. Ct. No. 12F4343)

JOSE RASCON,

Defendant and Appellant.

Defendant Jose Rascon was convicted of escaping from state prison without force or violence. (Pen. Code, § 4530, subd. (b).)1 He admitted two strike convictions for purposes of the “three strikes” law. (§§ 667, subds. (b)-(i), 1170.12.) He also admitted having served five prior prison terms, one of which was subsequently dismissed on the People’s motion. (§ 667.5, subd. (b).)

1 All further statutory references are to the Penal Code unless otherwise indicated.

Prior to sentencing, defendant filed a motion pursuant to People v. Superior Court (Romero) (1996) 13 Cal.4th 497 (Romero) asking the trial court to dismiss his prior strike convictions. The trial court denied the motion. On appeal, defendant contends the trial court abused its discretion in denying his Romero motion. Finding no error, we affirm the judgment. BACKGROUND Defendant was an inmate at the Sugar Pine Conservation Camp (SPCC), a fire camp operated by the California Department of Corrections and Rehabilitation (CDCR). On the morning of April 28, 2012, Captain Dennis Lange of the Department of Forestry and Fire Protection spotted two individuals, in inmate clothing, running across a road outside of the camp perimeter. Captain Lange returned to camp and reported the sighting to Sergeant Thomas Bainbridge of the CDCR. Sergeant Bainbridge immediately ordered an emergency head count of all the camp’s inmates. The head count revealed that defendant and another inmate were missing. Sergeant Bainbridge also asked Captain Lange to return to the area where he had seen the individuals running. On his way there, Captain Lange encountered defendant walking down the road in the direction of the camp. A short time later, Sergeant Bainbridge observed defendant approximately 150 yards outside the camp perimeter. Sergeant Bainbridge found the second missing inmate nearby. Both inmates were taken into custody without incident.2 Defendant was charged with escape from custody, a felony. (§ 4530, subd. (b).) The complaint (later deemed an information) alleged two prior strike convictions (§§ 667, subds. (b)-(i), 1170.12) for first degree burglary (§ 459) in 1996 and 2009. The

People v. Rascon CA3

AI Brief

THE PEOPLE, C074980

JOSE RASCON,

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