Practice area – Romero Motions
Need to strike a prior strike with a Romero motion?
Named after People v. Romero (1996). A Romero motion asks the court to strike a prior strike for sentencing purposes – turning a 25-to-life case into something far more manageable.
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What you’re facing
A Romero motion asks the sentencing judge to STRIKE a prior strike conviction for purposes of California’s Three Strikes Law. If granted, the case is sentenced as if the prior strike does not exist. This can reduce a 25-to-life sentence to a doubled-base sentence, or a doubled-base sentence to a single-base sentence. The judge weighs four factors: remoteness of the prior, nature of the current offense, defendant background and prospects, and the interests of justice.
Defenses I build
Romero work is the central tool for reducing strike exposure in cases where the prior strike cannot be eliminated through other means (vacating, Prop 47 reduction, etc.). I prepare detailed motions documenting the four-factor analysis: arguing remoteness with specific date analysis, distinguishing the current offense from violent or serious felonies, presenting rehabilitation evidence (employment, family stability, treatment programs), and framing the interests-of-justice argument. The motion is presented at sentencing or via post-conviction petition.
Romero Motion Case Results
Charged With
Take-Over Robbery + Kidnapping + 3 Strikes – Multiple life counts
Outcome
12 Years
Romero – Riverside Co.
Charged With
Assault w/ Deadly Weapon + Great Bodily Injury
Outcome
Drug Rehab Program
Romero – Riverside Co.
Charged With
Take-Over Robbery, Kidnapping, 3 Strikes – Multiple life counts
Outcome
12 Years
Romero – Riverside Co.
Charged With
Kidnapping + DV + ADW + GBI + 3 Strikes – Facing Life
Outcome
Time Served, No Probation
Romero – Riverside Co.
Charged With
Grand Theft Auto + Drug Sales + Strike Prior
Outcome
12 Years
Romero – Riverside Co.
Charged With
ADW + Robbery + GBI + Gang Affiliation
Outcome
NOT GUILTY
Romero – Riverside Co.
Charged With
Attempted Murder – Facing 7 yrs to Life
Outcome
Misdemeanor, Time Served
Romero – Riverside Co.
Common Questions
What is a Romero motion?
California defines violent crimes broadly: murder and attempted murder, assault and assault with a deadly weapon (Penal Code 245), robbery and armed robbery, kidnapping, criminal threats, and any offense resulting in great bodily injury. Many include gang or firearm enhancements that stack additional years on top of the base sentence. Most are also Strike Offenses, meaning the conviction follows you for life and doubles your exposure on any future felony.
What factors does the judge consider?
The Romero analysis considers four factors: (1) remoteness of the prior conviction – older priors (10+ years) often favor striking; (2) nature of the current offense – non-violent current offenses with a violent strike prior often favor striking; (3) defendant background and prospects – employment, family responsibility, rehabilitation evidence; (4) interests of justice – the court’s catch-all discretionary factor. The motion succeeds when these factors align in favor of removing the strike for sentencing purposes.
Can Romero be filed AFTER sentencing?
Yes – PC 1170(d) allows the court to recall a sentence and resentence at any time within 120 days (or longer in certain circumstances). Post-sentencing Romero motions are filed when new information emerges, when the original sentence was inappropriate, or in connection with other post-conviction relief. Recent California legislative changes have expanded the time windows for sentence recall, making post-sentencing Romero relief more available than it once was.
The Romero Four-Factor Analysis
Successful Romero motions build the four-factor case carefully:
Factor 1: Remoteness of Prior
Old priors (10+ years) with no intervening felonies often favor striking.
Factor 2: Nature of Current Offense
Less violent or less serious current cases favor striking.
Factor 3: Defendant Background
Employment, family, rehabilitation, military service, treatment programs.
Factor 4: Interests of Justice
Court catch-all discretion factor – the totality of circumstances.
At Sentencing
Romero motion filed during original sentencing.
Post-Sentencing
PC 1170(d) recall and resentence for post-conviction Romero relief.
Discretion
Judge has wide discretion – can grant in full, in part, or deny.
Cumulative
One Romero motion can strike multiple priors if argued for each.
Common Successful Romero Arguments
Patterns that tend to succeed in Romero motions:
- Remoteness alone often works – old strikes (15+ years) with no intervening felonies
- Mismatch between strike severity and current offense (serious strike, non-violent current)
- Rehabilitation evidence – sustained employment, family responsibility, treatment programs
- Conviction strike that was actually based on minor underlying conduct (e.g., old ADW where injury was minimal)
- Defendant age and the disproportionate nature of a 25-to-life sentence
A well-built Romero motion changes sentencing outcomes more than almost any other tool. My recent results include several cases facing multiple life counts that resolved at 12 years or less – all turning on Romero arguments.