People v. Elsner CA4/1

Filed 1/6/21 P. v. Elsner CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D077126

Plaintiff and Respondent,

v. (Super. Ct. No. SCD282562)

TRAVIS ELSNER,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Laura W. Halgren, Judge. Affirmed. Kelly E. DuFord, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Eric A. Swenson and Jennifer B. Truong, Deputy Attorneys General, for Plaintiff and Respondent. In this appeal, Travis Young Elsner challenges the trial court’s decision to deny his motion to strike his serious/violent felony prior conviction (prior strike). He contends the trial court failed to consider important facts about

his mental health history. Elsner argues the court’s alleged failure was an abuse of discretion, which also denied him due process. We will find there is no basis for Elsner’s claims and that the court acted well within its discretion

and was fully informed when it denied the so-called Romero1 motion. FACTS AND PROCEDURAL BACKGROUND During Pride Weekend in San Diego, Elsner vandalized a church. The church had a sign stating the church’s inclusive view of the importance of tolerance for differing races, views, and preferences. Elsner wrote “Fuck you” on the sign and burned a swastika into it as well.

Elsner pleaded guilty to vandalizing a church (Pen. Code,2 § 594.3, subd. (b)), and admitted a strike prior (§ 667, subds. (b)-(i)). At the sentencing hearing, Elsner brought a Romero motion to strike the “strike prior.” The court denied the motion and sentenced Elsner to the low term of 16 months, doubled to 32 months because of the prior strike. Elsner appeals, challenging only the denial of his Romero motion. We will reject his challenge and affirm. In 2012, Elsner suffered a serious felony conviction for criminal threats. The threats were to kill his mother and to engage in a mass school shooting. The trial court was aware of the facts surrounding the 2012 conviction. In his sentencing brief, Elsner further advised the court of his mental health issues and submitted two reports from psychologists discussing his current and past mental health issues. He attached a narrative from his mother’s witness interview forgiving him for the prior threats and asking the court to grant Elsner probation.