Romero Motions

California’s Three Strikes law requires mandatory sentencing for repeat criminal offenders. In case the defendant is accused of any felony with two or more prior strikes, the law prescribes that extended sentences be applied for any conviction of additional strike charges. However, Three Strikes laws sentences may seem to be disproportionate to the crimes committed, e.g. a defendant may be sentenced to a state prison term of at least 25 years to life for a non-violent and nonserious felony. In such cases, Romero Motion is regarded as a pleading by the criminal defense and gives judges the ability to dismiss a defendant’s prior strike offenses. Thereby, a trial court may dismiss allegations of prior felonies and the defendant may avoid a 25-to-life minimum sentence.