P. v. Roberson CA6

Filed 5/1/13 P. v. Roberson CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

THE PEOPLE, H038340 (Santa Clara County Plaintiff and Respondent, Super. Ct. No. CC961917)

v.

ROBERT THOMAS ROBERSON, JR.,

Defendant and Appellant.

Defendant Robert Thomas Roberson, Jr., pleaded no contest to kidnapping and assault by means of force likely to produce great bodily injury. He also admitted suffering two prior convictions for purposes of the Three Strikes law and one prior serious felony conviction for purposes of a five-year sentence enhancement. The trial court denied defendant’s Romero1motion and sentenced him to 50 years to life for the convictions consecutive to five years for the enhancement. On appeal, defendant contends that the trial court (1) abused its discretion by denying his Romero motion, and (2) erred by imposing cruel and unusual punishment. We disagree and affirm the judgment. BACKGROUND While defendant drove home with his girlfriend (victim), the two began arguing. The argument escalated, and defendant stopped the car. The victim attempted to

1 People v. Superior Court (Romero) (1996) 13 Cal.4th 497 (motion to dismiss prior convictions) (Romero).

telephone 911, but defendant grabbed the phone and threw it out of reach. The argument continued when the two reached the inside of their home. At some point, the couple went outside and defendant pushed the victim into the car and drove away. Defendant then punched the victim in the legs and abdomen. He stopped the car and threatened suicide. The victim attempted to flee, but defendant grabbed her by the hair and forced her back into the car. Defendant then got out of the car and threatened suicide again. The victim exited the car and telephoned 911, but she could not convey a coherent message. Defendant pushed her back into the car, drove away, and began punching her again. At some point, defendant apologized and made the victim change her shirt to conceal that there had been a fight and promise to tell others that they had been robbed and beaten. When they returned home, the victim’s daughter recognized her mother’s distress and telephoned 911. Defendant’s criminal history consists of four felony convictions for possession of a controlled substance, two felony convictions for sexual penetration with a foreign object, one felony conviction for assault by means of force likely to produce great bodily injury, five misdemeanor convictions, and multiple arrests for parole violations. In his Romero motion papers, defendant acknowledged his extensive record: “[Defendant] is a thirty-eight year old man who suffers from two prior strike convictions against two different women occurring in 1993. Upon his initial release from prison, he also suffered parole violations in 1996, 1997, 1998, and he was recommitted to prison in 2000 for a new, felony drug possession charge [citation]. A review of [his] RAP reveals that two of his parole violations were also drug related.” He asserted, however, that he had “committed himself to leading a drug-free life and was able to maintain that existence until his relapse shortly before his arrest [in this case].” He explained that he had regularly worked from 2001 until he injured his back in 2008, which resulted in him beginning to take prescription pain medication. He submitted a psychological evaluation that diagnosed him with anxiety disorder and depressive disorder. He pointed out that the