Romero Motion to Strike 09212012 Torres
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JUSTIN H. SANDERS (SBN 211488) [email protected] SANDERS ROBERTS LLP 355 South Grand Avenue, Suite 2450 Los Angeles, California 90071 Telephone: 213-943-1314 Facsimile: 213-234-4581
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Attorneys for DANIEL TORRES
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SUPERIOR COURT OF THE STATE OF CALIFORNIA
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FOR THE COUNTY OF LOS ANGELES
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NORWALK COURTHOUSE
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PEOPLE OF THE STATE OF CALIFORNIA, ) ) Plaintiff, ) ) vs. ) ) DANIEL TORRES, ) ) Defendant(s). ) ) )
Case No.: VA124360-01 MOTION TO STRIKE PURSUANT TO CALIFORNIA PENAL CODE SECTION 1385 (ROMERO MOTION) Date: Time: Dept.:
October 5, 2012 8:30 a.m. S
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MOTION TO STRIKE PURSUANT TO CALIFORNIA PENAL CODE SECTION 1385 (ROMERO MOTION)
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MEMORANDUM OF POINTS AND AUTHORITIIES I.
INTRODUCTION AND FACTUAL BACKGROUND Daniel Torres (“Mr. Torres ”) brings this Romero motion pursuant to Penal Code Section
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1385 and seeks dismissal of the “strike” alleged in the Information on the ground that Mr.
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Torres’s strike prior occurred long ago, he has changed his life and that he did not commit any
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overtly wrong act in this case. In 2004, Mr. Torres was convicted of “robbery” in violation of California Penal Code
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Section 211. Mr. Torres was released from custody in early 2012. While incarcerated, Mr.
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Torres accepted Christianity and changed his life. After his release, he immediately became very
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active in his church. (See Exhibit 1.)
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Unfortunately for Mr. Torres, parole haunts former prisoners. In the instant case, Mr.
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Torres committed no criminal act that led to contact with the police. Instead, he merely asked
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Deputy Haggerty of the L.A. County Sheriff’s Department a question. On April 5, 2012, Mr. Torres noticed the sheriffs were at his cousin’s house. Mr. Torres
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walked up to Deputy Haggerty and asked Deputy Haggerty if Mr. Torres’ cousin had been
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injured. This simple angered Deputy Haggerty, so Deputy Haggerty detained Mr. Torres and
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went to Mr. Torres’ house and conducted a parole search. During the search, Deputy Haggerty
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allegedly found two of Mr. Torres’ grandfather’s guns. One gun was found in a junky garage;
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the other inside the home. The guns were registered to Mr. Torres’ grandfather, who had
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died just weeks before the search. Mr. Torres was not even aware a gun was in the home.
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II.
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ARGUMENT A.
The Court Should Strike Mr. Torres’s Prior Conviction Pursuant To Cal. Pen. Code §1385
In People v. Superior Court (Romero) (1996) 13 Cal. 4th 497, the California Supreme
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Court held that sentencing courts have the discretion to strike a prior conviction if it would be in
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furtherance of justice. This authority is given to the Court pursuant to section 1385(a) of the
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California Penal Code which provides that, “[t]he judge or magistrate may, either of his or her
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own motion…and in furtherance of justice, order an action to be dismissed.” In determining the - 3-
MOTION TO STRIKE PURSUANT TO CALIFORNIA PENAL CODE SECTION 1385 (ROMERO MOTION)
EXHIBIT 1
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JUSTIN H. SANDERS (SBN 211488) [email protected] SANDERS ROBERTS LLP 355 South Grand Avenue, Suite 2450 Los Angeles, California 90071 Telephone: 213-943-1314 Facsimile: 213-234-4581
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Attorneys for DANIEL TORRES
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6 7
SUPERIOR COURT OF THE STATE OF CALIFORNIA
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FOR THE COUNTY OF LOS ANGELES
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NORWALK COURTHOUSE
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PEOPLE OF THE STATE OF CALIFORNIA, ) ) Plaintiff, ) ) vs. ) ) DANIEL TORRES, ) ) Defendant(s). ) ) )
Case No.: VA124360-01 MOTION TO STRIKE PURSUANT TO CALIFORNIA PENAL CODE SECTION 1385 (ROMERO MOTION) Date: Time: Dept.:
October 5, 2012 8:30 a.m. S
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MOTION TO STRIKE PURSUANT TO CALIFORNIA PENAL CODE SECTION 1385 (ROMERO MOTION)
1 2
MEMORANDUM OF POINTS AND AUTHORITIIES I.
INTRODUCTION AND FACTUAL BACKGROUND Daniel Torres (“Mr. Torres ”) brings this Romero motion pursuant to Penal Code Section
3 4
1385 and seeks dismissal of the “strike” alleged in the Information on the ground that Mr.
5
Torres’s strike prior occurred long ago, he has changed his life and that he did not commit any
6
overtly wrong act in this case. In 2004, Mr. Torres was convicted of “robbery” in violation of California Penal Code
7 8
Section 211. Mr. Torres was released from custody in early 2012. While incarcerated, Mr.
9
Torres accepted Christianity and changed his life. After his release, he immediately became very
10
active in his church. (See Exhibit 1.)
11
Unfortunately for Mr. Torres, parole haunts former prisoners. In the instant case, Mr.
12
Torres committed no criminal act that led to contact with the police. Instead, he merely asked
13
Deputy Haggerty of the L.A. County Sheriff’s Department a question. On April 5, 2012, Mr. Torres noticed the sheriffs were at his cousin’s house. Mr. Torres
14 15
walked up to Deputy Haggerty and asked Deputy Haggerty if Mr. Torres’ cousin had been
16
injured. This simple angered Deputy Haggerty, so Deputy Haggerty detained Mr. Torres and
17
went to Mr. Torres’ house and conducted a parole search. During the search, Deputy Haggerty
18
allegedly found two of Mr. Torres’ grandfather’s guns. One gun was found in a junky garage;
19
the other inside the home. The guns were registered to Mr. Torres’ grandfather, who had
20
died just weeks before the search. Mr. Torres was not even aware a gun was in the home.
21
II.
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ARGUMENT A.
The Court Should Strike Mr. Torres’s Prior Conviction Pursuant To Cal. Pen. Code §1385
In People v. Superior Court (Romero) (1996) 13 Cal. 4th 497, the California Supreme
25
Court held that sentencing courts have the discretion to strike a prior conviction if it would be in
26
furtherance of justice. This authority is given to the Court pursuant to section 1385(a) of the
27
California Penal Code which provides that, “[t]he judge or magistrate may, either of his or her
28
own motion…and in furtherance of justice, order an action to be dismissed.” In determining the - 3-
MOTION TO STRIKE PURSUANT TO CALIFORNIA PENAL CODE SECTION 1385 (ROMERO MOTION)
EXHIBIT 1
