People v. Wright CA2/8 ( 2024 )

Filed 10/7/24 P. v. Wright CA2/8
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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION EIGHT
THE PEOPLE, B325427
Plaintiff and Respondent, (Los Angeles County
Super. Ct. No. MA080473-02)
v.
JERRY WRIGHT,
Defendant and Appellant.
APPEAL from a judgment of the Superior Court of
Los Angeles County. Robert G. Chu, Judge. Affirmed.
Miriam K. Billington, under appointment by the Court of
Appeal, for Defendant and Appellant.
Rob Bonta, Attorney General, Lance E. Winters, Chief
Assistant Attorney General, Susan S. Pithey, Assistant Attorney
General, Noah P. Hill and Eric J. Kohm, Deputy Attorneys
General, for Plaintiff and Respondent.
_________________________________
INTRODUCTION
Jerry Wright appeals from his judgment of conviction of
one count of conspiracy to furnish a controlled substance to a
prisoner. (Pen. Code1 §§ 182, subd. (a)(1), 4573.9.) Wright
contends that (1) the evidence was insufficient to support his
conviction, (2) the trial court erred in admitting evidence of his
alleged coconspirator’s gang membership, and (3) the trial court
abused its discretion in denying his motion to strike a prior
conviction allegation under People v. Superior Court (Romero)
(1996) 13 Cal.4th 497 (Romero). We conclude there was
substantial evidence to support Wright’s conviction based on the
conduct, relationship, and interests of the alleged conspirators.
We also conclude the trial court did not err in admitting the
challenged gang evidence because it was relevant to the charged
offense and was not unduly prejudicial. In addition, we conclude
the trial court did not abuse its discretion in denying the Romero
motion because we presume the court considered the relevant
factors, and Wright has failed to show that its sentencing
decision was irrational or arbitrary. We accordingly affirm.
FACTUAL AND PROCEDURAL BACKGROUND
I. Prosecution’s case-in-chief
A. August 13, 2020 attempted hospital visit
Wright was an inmate at the California State Prison,
Los Angeles County. On the night of August 13, 2020, Wright
arrived at the prison’s treatment triage area after complaining of
severe chest pain. The doctor who examined Wright decided that
he should be sent to the hospital on an emergency basis. An
1 Unless otherwise stated, all further undesignated statutory
references are to the Penal Code.
2
ambulance arrived at 10:00 p.m. to transport Wright to Antelope
Valley Hospital. However, when Wright was told he would be
quarantined for two weeks upon returning to the prison, he
refused to go to the hospital. Wright returned to his cell a few
minutes later.
Carl Lamont Jones (Lamont) was an inmate at the same
prison as Wright. On the night of August 13, 2020, Lamont’s son,
Carl LaMarquis Jones (LaMarquis), went to the emergency room
at Antelope Valley Hospital, and checked in under a false name.
Security footage from the hospital showed that LaMarquis
arrived with Lamont’s wife, but they did not speak to one another
and sat in different areas of the waiting room. Lamont’s cousin
was also in the waiting room, and handed LaMarquis a cell phone
without speaking to him. At that time, Lamont had access to a
contraband cell phone inside the prison.
At one point, LaMarquis walked toward the patient
treatment area of the emergency room where there were no
security cameras. He was wearing a fanny pack that was large
enough to hold several small packages. A short time later,
LaMarquis returned to the waiting room, but was no longer
wearing the fanny pack. At 10:04 p.m., which was a few minutes
after Wright refused to go to the hospital, LaMarquis appeared to
check a text message on his cell phone. After reviewing the
message, LaMarquis quickly walked back toward the patient
treatment area, and then left the hospital.
B. August 15, 2020 hospital visit
On the night of August 15, 2020, while in his prison cell,
Wright again complained that he was having chest pain and
difficulty breathing. After Wright was taken to the prison’s
treatment triage center, the medical staff there determined that
3
he should be transported to the hospital. Under prison rules,
Wright was required to change into a translucent paper jumpsuit
that he wore over a white t-shirt and white boxer shorts.
Correctional Officer Daniel Ramirez prepared Wright for
transport, and then accompanied him to Antelope Valley Hospital
in an ambulance.
After Wright arrived at the hospital’s emergency room,
he was assigned to a bed in the patient treatment area that was
near a restroom. Wright repeatedly told Officer Ramirez that he
needed to use the restroom. Officer Ramirez said that he could
get a urinal for Wright, but otherwise they would have to wait for
the nurse. Wright insisted, however, that he needed to have a
bowel movement and could not wait.
Following prison procedure, Officer Ramirez conducted a
search of the restroom for contraband before allowing Wright to
enter it. Officer Ramirez found two packages along the side of
the toilet, and another two packages under the sink. The
packages were wrapped in a large amount of white tape.
Officer Ramirez testified that there was enough white tape to
wrap around a person’s leg, which would have allowed Wright to
conceal each package underneath his white clothes. The
packages contained cell phones and chargers, earbuds,
methamphetamine, marijuana, and tetrahydrocannabinol (THC)
wax.
In Wright’s presence, Officer Ramirez removed the
packages from the restroom and placed them in a lockbox.
He then allowed Wright to go inside. In response, Wright
indicated that he no longer needed to use the restroom. Wright
also stated that he did not want to talk to the officer anymore.
Wright did not ask to use the restroom in the hospital again.
4
That night, LaMarquis again visited the emergency room
at Antelope Valley Hospital, and checked in under the same false
name he previously used. There were two restrooms in the
waiting area. Security footage showed that, at about 10:40 p.m.,
LaMarquis walked past those restrooms and into the treatment
area of the emergency room where Wright was located.
While Officer Ramirez was waiting with Wright in the
treatment area, he saw a man whom he later identified as
LaMarquis enter the restroom where the contraband had been
found. LaMarquis exited the restroom less than 30 seconds later.
He avoided eye contact with Officer Ramirez as he quickly
walked away, but he did look at Wright. Due to the COVID-19
protocols in effect at the time, visitors typically required an escort
when they entered the treatment area. LaMarquis, however, did
not have an escort. LaMarquis left the hospital shortly after
midnight without receiving treatment.
A few hours after Wright arrived at the hospital, he was
medically cleared to return to the prison. Other than testing,
Wright received no medical treatment that night. Between 2017
and 2020, Wright was transported to a hospital on seven different
occasions due to a reported medical issue. Each visit was short in
duration and occurred around the same time at night when less
staff were present at the prison. Wright did not visit the hospital
after August 15, 2020.
II. Defense evidence
Wright testified on his own behalf. According to Wright,
prior to August 2020, he had a history of heart problems that
required him to visit the hospital on occasion. On August 13,
2020, Wright felt extreme pain on the left side of his chest. At
the prison’s triage area, the medical staff performed an EKG test
5
and decided that Wright needed to go to the hospital. However,
after the staff gave him “nitro” pills, Wright did not need further
treatment because his pain went away. On August 15, 2020,
Wright again had severe pain, and had to go to the hospital
because the treatment at the prison did not help. While at the
hospital, Wright told the officer that he needed to use the
restroom to have a bowel movement, but then the urge passed.
Once Wright received some testing and treatment, he returned to
the prison.
Wright denied he was aware of the contraband that was
found in the hospital restroom. He also denied he knew
LaMarquis or had any contact with him. Wright admitted he
knew Lamont because they were housed in the same prison unit,
but he claimed they never talked after the charges were filed in
this case. Wright further admitted he used to be a member of the
Crips gang, but denied current membership. Wright testified he
did not know whether Lamont was a Crips gang member.
III. Prosecution’s rebuttal evidence
The prosecution called California State Prison Correctional
Sergeant Luis Vaca as a rebuttal witness. Seargent Vaca
previously worked as a gang investigator at the prison, and
opined that Lamont was a member of the Crips gang. He based
his opinion on Lamont’s gang tattoos, a photo of Lamont making
gang signs, and an audio clip of Lamont making a gang reference.
IV. Jury verdict and sentencing
At the conclusion of the trial, the jury found Wright guilty
as charged of one count of conspiracy to furnish a controlled
substance to a prisoner (§§ 182, subd. (a)(1), 4573.9). In a
bifurcated proceeding, Wright admitted he had a prior conviction
6
for murder within the meaning of the “Three Strikes” law (§§ 667,
subd. (d), 1170.12, subd. (b).)
At sentencing, the trial court denied Wright’s motion to
strike the prior conviction allegation. The court sentenced
Wright to the middle term of four years, doubled to eight years
under the Three Strikes law.
Wright filed a timely appeal.
DISCUSSION
I. Sufficiency of evidence supporting conviction
On appeal, Wright challenges the sufficiency of the
evidence supporting his conviction for conspiracy to furnish a
controlled substance to a prisoner. Wright claims there was no
evidence that he entered into an agreement to sell, or to assist
anyone else in selling, drugs to other inmates. We conclude
substantial evidence supported Wright’s conviction.
A. Governing law
Section 4573.9 makes it a felony for any person, other than
a person held in custody, to sell, furnish, administer, or give away
a prohibited controlled substance to a prisoner. (§ Id., subd. (a).)
While a prison inmate cannot be convicted of the substantive
offense proscribed by section 4573.9, he or she can be convicted of
conspiracy to violate that statute if the elements of conspiracy are
proven. (People v. Lee (2006) 136 Cal.App.4th 522, 538.)
“ ‘ “Conspiracy requires two or more persons agreeing to
commit a crime, along with the commission of an overt act, by at
least one of these parties, in furtherance of the conspiracy.” ’ ”
(People v. Dalton (2019) 7 Cal.5th 166, 244; see § 182, subd.
(a)(1).) “This crime has four elements: (1) the existence of an
agreement between at least two persons; (2) the specific intent to
agree to commit an offense; (3) the specific intent to commit the
7
offense that is the object of the agreement; and (4) an overt act in
furtherance of the conspiracy, which may be committed by any
conspirator.” (People v. Ware (2022) 14 Cal.5th 151, 163.)
As our Supreme Court has explained, “[e]vidence of an
agreement does not require proof that the parties met and
expressly agreed; a criminal conspiracy can be shown through
circumstantial evidence. [Citation.] ‘Evidence is sufficient to
prove a conspiracy . . . “if it supports an inference that the parties
positively or tacitly came to a mutual understanding to commit a
crime. [Citation.] The existence of a conspiracy may be inferred
from the conduct, relationship, interests, and activities of the
alleged conspirators before and during the alleged conspiracy.” ’ ”
(People v. Penunuri (2018) 5 Cal.5th 126, 145.)
“ ‘When considering a challenge to the sufficiency of the
evidence to support a conviction, we review the entire record in
the light most favorable to the judgment to determine whether it
contains substantial evidence—that is, evidence that is
reasonable, credible, and of solid value—from which a reasonable
trier of fact could find the defendant guilty beyond a reasonable
doubt.’ ” (People v. Morales (2020) 10 Cal.5th 76, 88.) We “ ‘view
the evidence in the light most favorable to the jury verdict and
presume the existence of every fact that the jury could reasonably
have deduced from that evidence.’ ” (People v. Navarro (2021)
12 Cal.5th 285, 302.) Our “task is not to resolve credibility issues
or evidentiary conflicts, nor is it to inquire whether the evidence
might ‘ “ ‘be reasonably reconciled with the defendant’s
innocence.’ ” ’ [Citations.] The relevant inquiry is whether, in
light of all the evidence, a reasonable [jury] could have found the
defendant guilty beyond a reasonable doubt.” (People v. Gomez
(2018) 6 Cal.5th 243, 278.) “ ‘The standard of review is the same
8
in cases in which the prosecution relies mainly on circumstantial
evidence.’ ” (People v. Rivera (2019) 7 Cal.5th 306, 324.)
B. Substantial evidence supported the conviction
for conspiracy to violate section 4573.9
Viewing the evidence in the light most favorable to the
jury’s verdict, there was substantial evidence to support Wright’s
conviction for conspiracy to furnish a controlled substance to a
fellow prisoner. The evidence at trial showed that Wright and
Lamont were housed in the same prison unit, and that Wright
either visited, or attempted to visit, Antelope Valley Hospital on
August 13 and 15, 2020. On August 13, Wright decided that he
no longer wanted to go to the hospital upon learning he would be
quarantined for two weeks once he returned. On August 15, after
arriving at the hospital’s emergency room, Wright repeatedly
asked to use the restroom in the patient treatment area, but
changed his mind right after Officer Ramirez searched the
restroom and found drugs and other contraband. A few hours
later, Wright was medically cleared to return to the prison
without receiving treatment.
The evidence further showed that Lamont’s adult son,
LaMarquis, went to the same hospital on the same two dates.
Each time, LaMarquis checked into the emergency room under a
false name and entered the patient treatment area. On August
13, after LaMarquis returned from the treatment area, Lamont’s
cousin handed him a cell phone without speaking to him. At that
time, Lamont also had possession of a contraband cell phone in
prison. Within minutes of Wright refusing to go to the hospital
and returning to his cell, LaMarquis appeared to review a text
message on his phone. He then headed back toward the restroom
where the contraband would be discovered two days later.
9
On August 15, after confiscating the contraband, Officer Ramirez
saw LaMarquis enter that same restroom, and then quickly leave
while avoiding eye contact with the officer. On both occasions,
LaMarquis left the hospital without receiving treatment.
Based on the totality of this evidence, the jury reasonably
could find that Wright, Lamont, and LaMarquis entered into an
agreement to sell controlled substances and other contraband
inside the prison. Under this scheme, LaMarquis would furnish
the drugs to Wright, who would retrieve them from the hospital
restroom and transport them to the prison, where he and/or
Lamont would sell them to inmates. The jury reasonably could
infer that the three men originally intended to carry out the
crime on August 13, 2020, but changed their plan when Wright
decided that he did not want to be placed in quarantine upon his
return to the prison. As soon as LaMarquis learned from a text
message that Wright would not be going to the hospital that
night after all, he immediately went to retrieve the contraband
that he left in the restroom a short time earlier. The jury also
reasonably could infer that the men made a second attempt to
execute their scheme on August 15, 2020, but Officer Ramirez
found the contraband that LaMarquis hid in the restroom before
Wright had a chance to retrieve it.
On appeal, Wright asserts that, even though he knew
Lamont from prison, the evidence was insufficient to establish
that he knew LaMarquis or entered into an agreement with
either of the men to sell or transport drugs. We disagree. While
there may not have been any direct evidence of a prior agreement
between Wright, Lamont, and LaMarquis, such evidence was not
required. “Given the nature of criminal conspiracies, it is often
the case that there is no direct evidence of an agreement among
10
the conspirators.” (People v. Navarro, supra, 12 Cal.5th at
p. 305.) However, “direct evidence is unnecessary when, as here,
the circumstantial evidence permits the jury to infer beyond a
reasonable doubt that an agreement existed.” (Ibid.)
In this case, there was strong circumstantial evidence that
Wright agreed to retrieve the drugs that LaMarquis stashed in
the restroom and to bring them to the prison to be sold to other
inmates. Contrary to Wright’s contention, the evidence did not
merely show his presence as a patient in the hospital at the same
time LaMarquis happened to be there. Rather, the conduct of
both men was consistent with that of conspirators who were each
feigning a medical emergency to gain access to a location in the
hospital where drugs were later found. The jury reasonably could
infer from such conduct, as well as Wright’s and LaMarquis’s
connection to Lamont, that the three men conspired to transport
and sell those drugs inside the prison. On this record, Wright’s
conviction for conspiracy was supported by substantial evidence.
II. Admission of gang evidence
Wright argues the trial court abused its discretion when it
allowed rebuttal testimony that Lamont was a member of the
Crips gang. Wright also asserts the error in admitting the
evidence deprived him of his constitutional right to due process
and a fair trial. We conclude the trial court did not abuse its
discretion or violate due process in admitting the evidence.
A. Relevant background
Wright, Lamont, and LaMarquis were originally tried
together, but both Lamont and LaMarquis later entered into
pleas. Prior to the start of trial, LaMarquis’s counsel argued that
the prosecution should not be allowed to introduce evidence of
each defendant’s gang affiliation. The prosecution responded
11
that evidence showing all three defendants belonged to the same
gang was relevant to prove that they knew each other. The trial
court tentatively ruled that such evidence was admissible.
During his trial testimony, Wright admitted he knew
Lamont, but denied he knew LaMarquis. Wright also admitted
he used to be a member of the Crips gang, but testified he did not
know if Lamont was a member of that gang. Following Wright’s
testimony, the prosecution sought to call a rebuttal witness who
would testify that Lamont was a Crips gang member. Over a
defense objection, the trial court allowed the rebuttal evidence,
reasoning: “This is a case where the defendant got up on the
stand and said that he did not know Carl Lamont Jones. And so
now it is the People’s burden to prove that there was some type of
knowledge or some type of relationship there where they knew
each other to impeach [the] defendant’s testimony.”
B. Governing law
The rules governing the admissibility of evidence are well-
established. Only relevant evidence is admissible. (Evid. Code,
§ 350.) Relevant evidence is defined as evidence “having any
tendency in reason to prove or disprove any disputed fact that is
of consequence to the determination of the action.” (Evid. Code,
§ 210.) Evidence is relevant when it “ ‘ “tends ‘logically,
naturally, and by reasonable inference’ to establish material facts
such as identity, intent, or motive.” ’ ” (People v. Young (2019)
7 Cal.5th 905, 931.) The trial court, however, may exclude
relevant evidence if “its probative value is substantially
outweighed by the probability that its admission will . . . create
substantial danger of undue prejudice, of confusing the issues, or
of misleading the jury.” (Evid. Code, § 352.) Evidence is unduly
prejudicial if it “ ‘uniquely tends to evoke an emotional bias
12
against the defendant as an individual,’ ” while having only slight
probative value with regard to the issues. (People v. Miles (2020)
9 Cal.5th 513, 587.)
The prosecution generally is entitled to introduce gang-
related evidence if it is relevant to the charged crimes. (People v.
Chhoun (2021) 11 Cal.5th 1, 31.) Our Supreme Court has
recognized that “ ‘evidence of gang membership is often relevant
to, and admissible regarding, the charged offense. Evidence of
the defendant’s gang affiliation—including evidence of the gang’s
territory, membership, signs, symbols, beliefs and practices,
criminal enterprises, rivalries, and the like—can help prove
identity, motive, modus operandi, specific intent, means of
applying force or fear, or other issues pertinent to guilt of the
charged crime.’ ” (People v. Ramirez (2022) 13 Cal.5th 997, 1095.)
“Such evidence is admissible even when a gang enhancement is
not charged, provided the probative value of the evidence is not
substantially outweighed by its prejudicial effect.” (Ibid.)
We review a trial court’s ruling allowing the presentation of
gang evidence for abuse of discretion. (People v. Pineda (2022)
13 Cal.5th 186, 235; People v. Chhoun, supra, 11 Cal.5th at p. 31.)
The trial court’s evidentiary ruling “ ‘ “ ‘will not be disturbed . . .
unless the trial court exercised its discretion in an arbitrary,
capricious, or patently absurd manner that resulted in a manifest
miscarriage of justice.’ ” ’ ” (People v. Chhoun, at p. 26.)
C. The trial court did not err in admitting the
evidence of Lamont’s gang membership
Wright contends the trial court erred in allowing the
prosecution’s rebuttal witness to testify about Lamont’s gang
membership because such evidence was not relevant to any
disputed issue. However, the evidence that Lamont was a
13
member of the same gang as Wright was probative of the
existence of conspiracy. As discussed, the existence of a
conspiracy may be inferred from, among other factors, the
relationship of the alleged conspirators. (People v. Penunuri,
supra, 5 Cal.5th at p. 145.) Although proof of common gang
membership “alone is not sufficient to establish participation in a
criminal conspiracy,” it ‘ “may be part of circumstantial evidence
supporting the inference of a conspiracy.’ ” (People v. Ware,
supra, 14 Cal.5th at p. 168.) Here, the evidence that Lamont and
Wright belonged to the same gang supported such an inference
because it tended to explain why Wright would agree to work
with Lamont and his son to bring drugs into the prison.
Wright argues the admission of the evidence was
nevertheless erroneous because the trial court incorrectly ruled
that it could be used to impeach Wright’s testimony that he did
not know Lamont. The record reflects that, at various points in
Wright’s testimony, there was some confusion over which “Carl
Jones” was being referenced because both the father and son
shared the same first and last name. Although Wright initially
denied knowing “someone named Carl Lamont Jones,” he then
clarified that he did know an inmate by that name. Thus, the
trial court was mistaken when it stated that Wright testified that
he did not know Lamont. However, “[i]f a judgment rests on
admissible evidence it will not be reversed because the trial court
admitted that evidence upon a different theory, [or] a mistaken
theory . . . .” (People v. Brown (2004) 33 Cal.4th 892, 901.) “[W]e
review the trial court’s ruling, ‘not the court’s reasoning and, if
the ruling was correct on any ground, we affirm.’ ” (People v.
Camacho (2022) 14 Cal.5th 77, 123.) While Wright admitted he
knew Lamont because they were housed in the same yard and
14
building, he denied knowing whether Lamont was a Crips gang
member. Under these circumstances, the evidence that Wright
and Lamont were members of the same gang was relevant to
showing there was a relationship between the two men beyond
their placement in the same prison unit.
The trial court also reasonably could conclude that the
probative value of the evidence was not substantially outweighed
by its potential for prejudice. Because evidence of a defendant’s
gang membership “ ‘ “creates a risk the jury will improperly infer
the defendant has a criminal disposition,” ’ ” a trial court should
carefully scrutinize such evidence before admitting it. (People v.
Chhoun, supra, 11 Cal.5th at p. 31.) But in this case, Wright
himself testified that he used to be a Crips gang member.
The prosecution’s rebuttal witness, Sergeant Vaca, did not offer
any testimony about Wright’s gang affiliation, but rather opined
solely about Lamont’s membership in a gang. The proffered
testimony was also relatively brief and narrow in scope. It was
limited to establishing that Lamont was a member of the Crips
gang, which could support the inference that he and Wright had a
relationship prior to entering into the conspiracy. On this record,
the trial court’s decision to allow such evidence did not exceed the
bounds of reason. (Id. at p. 33.)
We likewise reject Wright’s claim that the admission of the
evidence violated his constitutional right to due process and a fair
trial. The “ ‘application of the ordinary rules of evidence
generally does not impermissibly infringe on a [defendant’s]
constitutional rights.’ ” (People v. Lindberg (2008) 45 Cal.4th 1,
26.) “ ‘The admission of relevant evidence will not offend due
process unless the evidence is so prejudicial as to render the
defendant’s trial fundamentally unfair.’ ” (People v. Jones (2013)
15
57 Cal.4th 899, 949.) In this case, the trial court reasonably
could conclude that the proffered gang evidence was relevant to
the charged offense and was not unduly prejudicial. Wright
accordingly has failed to show an abuse of discretion or violation
of due process in the admission of such evidence.
III. Denial of motion to strike prior conviction
Wright claims the trial court abused its discretion when it
denied his motion to strike his prior conviction for murder under
Romero, supra, 13 Cal.4th 497. We conclude the trial court acted
within its broad discretion in denying the Romero motion.
A. Governing law
Under section 1385, subdivision (a), a trial court has the
discretion to dismiss or strike a prior conviction for a serious or
violent felony offense in furtherance of justice. (Romero, supra,13 Cal.4th at p. 530.) In determining whether to strike a prior
conviction, the trial court “ ‘must consider whether, in light of
the nature and circumstances of his present felonies and prior
serious and/or violent felony convictions, and the particulars of
his background, character, and prospects, the defendant may be
deemed outside the scheme’s spirit, in whole or in part, and hence
should be treated as though he had not previously been convicted
of one or more serious and/or violent felonies.’ ” (People v.
Johnson (2015) 61 Cal.4th 674, 689.)
We review a trial court’s refusal to strike a prior conviction
allegation for abuse of discretion. (People v. Carmony (2004)
33 Cal.4th 367, 376.) Because the Three Strikes law “creates a
strong presumption that any sentence that conforms to these
sentencing norms is both rational and proper[,] [¶] . . . a trial
court will only abuse its discretion in failing to strike a prior
felony conviction allegation in limited circumstances.” (Id. at
16
p. 378.) Such circumstances include where the trial court was
unaware of its sentencing discretion, considered impermissible
factors, or imposed a Three Strikes sentence that produced an
arbitrary, capricious, or patently absurd result. (Ibid.) “ ‘ “[T]he
burden is on the party attacking the sentence to clearly show that
the sentencing decision was irrational or arbitrary. [Citation.]
In the absence of such a showing, the trial court is presumed to
have acted to achieve legitimate sentencing objectives, and its
discretionary determination to impose a particular sentence will
not be set aside on review.” ’ ” (Id. pp. 376–377.)
B. The trial court did not abuse its discretion in
declining to strike Wright’s prior conviction
At Wright’s sentencing, defense counsel asked the trial
court to strike Wright’s 1983 conviction for murder. Defense
counsel noted that the conviction was “39 years in the past,” and
that “there’s nothing to indicate that [Wright had] been a
problem prisoner.” In response, the trial court stated that it
“reviewed the court file, defendant’s probation report, his
criminal history, [and] argument from both counsel.” In declining
to strike the prior conviction allegation, the court explained:
“Regarding defendant’s prior strike, the touchstone of the
analysis must be whether looking at the defendant and his
history as a whole, taking into account the nature of the present
case, its background and character, the defendant may be
deemed outside the scheme of the spirit [sic] and should,
therefore, be treated as though he had not previously been
convicted of a prior strike. [¶] Based on all the information that
has been provided to the court, and based on the reasoning the
court has just stated, the court is not satisfied in how dismissing
17
the defendant’s prior strike allegation would be in the interest of
justice.”
On appeal, Wright argues the trial court erred in denying
his Romero motion because the court did not expressly consider
the remoteness of the prior conviction or Wright’s age when he
committed the offense. Although the trial court did not specify
its reasons for declining to strike the prior conviction allegation,
it was not required to do so. (In re Large (2007) 41 Cal.4th 538,
550 [“While a court must explain its reasons for striking a prior
. . . , no similar requirement applies when a court declines to
strike a prior”].) Moreover, as this court has observed, “[w]e
presume the trial court has considered all relevant factors in the
absence of an affirmative record to the contrary. When the record
is silent as to the trial court’s reasons for declining to strike a
prior strike, we presume the court correctly applied the law.
Only in an extraordinary case—where the relevant factors
manifestly support the striking of a prior conviction and no
reasonable minds could differ—would the failure to strike be an
abuse of discretion.” (People v. Edwards (2022) 76 Cal.App.5th
523, 529; see People v. Brugman (2021) 62 Cal.App.5th 608.)
Here, the trial court set forth the correct legal standard for
ruling on a Romero motion, and explained that it considered the
court file, Wright’s probation report, his criminal history, and the
argument of counsel. The court stated that, based on all of the
information that was provided, it did not believe that striking the
prior conviction allegation would be in the interest of justice.
In sentencing Wright, the court selected the middle term of four
years, doubled to eight years under the Three Strikes law. There
is nothing in the record to suggest that the court was unaware of
its discretion, considered any impermissible factors, or imposed
18
an arbitrary, capricious, or patently absurd sentence. On this
record, Wright has failed to meet his burden of demonstrating
that the trial court’s sentencing decision was “so irrational or
arbitrary that no reasonable person could agree with it.”
(People v. Carmony, supra, 33 Cal.4th at p. 377.)
DISPOSITION
The judgment is affirmed.
VIRAMONTES, J.
WE CONCUR:
GRIMES, Acting P. J.
WILEY, J.
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