Legal Question in Criminal Law in California

can a person getting charged with attempted murder and murder ask for a romero motion if he/she has no prior strikes?


Asked on 2/25/11, 1:47 pm

2 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

That doesn't make any sense. The purpose of a "Romero Motion" is to strike prior conviction allegaions when a case is charged under the three strike statute. The sentencing court has discretion to strike prior conviction allegations although the case was charged under the "Three Strike" statute (Pen. Code 667(b)-(i)). (Romero v. Superior Court (1996) 13 Cal.4th 497).

If you don't have any prior strikes, what would be the purpose in striking nothing?

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Answered on 2/25/11, 5:37 pm
Terry A. Nelson Nelson & Lawless

You can 'ask' for anything you like. IF and when the law applies to your case, then the court will make a discretionary decision on whether to grant a specific motion. Unless you know how to effectively represent yourself in court against a professional prosecutor intending to convict you, hire an attorney who does. If this is in SoCAL courts, and if youre serious about hiring counsel, feel free to contact me.

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Answered on 2/28/11, 10:49 am


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