People v. Sanchez CA6

Filed 7/11/23 P. v. Sanchez CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, H049979 (Santa Clara County Plaintiff and Respondent, Super. Ct. No. C2105635)

v.

TERRY SANCHEZ,

Defendant and Appellant.

Terry Sanchez pled no contest to inflicting corporal injury on a cohabitant, in violation of Penal Code section 273.5, subdivision (a), and admitted to sustaining a prior conviction for a strike offense.1 The trial court granted Sanchez’s motion to strike his prior conviction and sentenced him to the middle term of three years in prison. On appeal, Sanchez argues his sentence must be vacated and the matter remanded for resentencing because the trial court misapplied section 1170, subdivision (b)(6), which requires the court to impose the lower term of imprisonment if it determines that childhood trauma was a contributing factor to his offense, unless “the court finds that the aggravating circumstances outweigh the mitigating circumstances such that imposition of the lower term would be contrary to the interests of justice.” (§ 1170, subd. (b)(6).)

1 Subsequent undesignated statutory references are to the Penal Code unless otherwise indicated.

Concluding that the trial court properly applied the provision, we affirm the judgment and sentence. I. FACTUAL AND PROCEDURAL BACKGROUND The Santa Clara County District Attorney filed an information charging Sanchez with assault by means of force likely to produce great bodily injury, maliciously obstructing use of a wireless communication device, and inflicting corporal injury on a cohabitant. (§§ 245, subd. (a)(4), 591.5, 273.5, subd. (a).) The information further alleged that Sanchez had been convicted of a prior strike offense, which made him statutorily ineligible for probation. (§§ 667, subd. (c), 1170, subds. (h)(3), (f), 1170.12, subd. (b)(1), 1192.7, subd. (c).) Sanchez pled no contest to inflicting corporal injury on a cohabitant and admitted to sustaining a prior conviction for a strike offense, in exchange for dismissal of the remaining counts and a sentence of no more than four years in prison. Under the terms of the plea, Sanchez would have the opportunity to file a motion to strike his prior conviction pursuant to People v. Romero (1996) 13 Cal.4th 427 (Romero), which if granted, would reduce his prison exposure and potentially render him eligible for county jail and probation. In his Romero motion, Sanchez detailed the violence he had suffered as a child. Specifically, the motion referenced Sanchez witnessing violence being perpetrated by his father against his stepmother and suffering physical abuse by his stepmother. The motion described how Sanchez began abusing alcohol and narcotics at the age of six and continued to struggle with addiction throughout his life. The district attorney’s opposition acknowledged Sanchez’s difficult childhood, stating “Defendant’s motion makes it evident that his background is marred with unique trauma. Defendant was exposed to violence and drug abuse at a young age. He was physically abused by his step-mother [sic] which led to his abuse of drugs and alcohol from the early age of six.” Nevertheless, the prosecutor contended that Sanchez’s Romero motion should be denied 2