People v. Roman CA2/6

Filed 8/16/22 P. v. Roman 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. B316547 (Super. Ct. No. 21F-02108) Plaintiff and Respondent, (San Luis Obispo County)

v.

JOHNNY JESSE ROMAN, JR.,

Defendant and Appellant.

Johnny Jesse Roman, Jr. appeals the judgment entered after he pleaded no contest to first degree burglary (Pen. Code,1 § 459), robbery (§ 211), and unlawfully driving or taking a vehicle (Veh. Code, § 10851, subd. (a)), and admitted two prior strike and serious felony convictions (§§ 667, subds. (a), (b), 1170.12, subd. (b)). The trial court sentenced him to 25 years to life in state prison. Appellant contends the court abused its discretion in declining to dismiss one of his prior strikes in the interest of

Unless otherwise noted, all statutory references are to the 1

Penal Code.

justice pursuant to People v. Superior Court (Romero) (1996) 13 Cal.4th 497 (Romero). We affirm. STATEMENT OF FACTS Because appellant pleaded guilty prior to trial, the relevant facts are derived from the preliminary hearing transcript. On February 13, 2021, Fateme Javadi was living in a guest house behind her daughter’s residence on 40 acres of remote property in San Luis Obispo. That morning, Javadi heard a knock on the door. When she opened the door she encountered appellant, who pushed her and entered the guest house. Appellant asked Javadi if she lived alone and she falsely told him she lived with her grandson. Appellant also asked Javadi where her bedroom was and she led him there. Appellant forced Javadi onto the bed and demanded money. Javadi directed appellant to her purse and he took $250 cash from it. He then went into a second bedroom and took a purse containing $4,500 in cash. While Javadi was lying on the bed, appellant tied her hands behind her back with an exercise band and tied her feet together with an electrical cord from an iron. He then left the guesthouse and drove away in Javadi’s grandson’s Chevy Silverado truck, which was parked outside. Javadi, who was unable to untie herself, was discovered approximately four hours later by her son-in-law. Later that day, appellant was seen on surveillance video at a gas station in San Jose where Javadi’s grandson’s truck had been abandoned with Javadi’s purse inside it. A receipt found in the truck led detectives to obtain video footage of appellant purchasing $500 worth of merchandise from a Target store in Gilroy earlier that same day. Appellant’s fingerprints were also