D083157
Cal. Ct. App.Dec 20, 2024Background
- Colton Jay Simpson was convicted in 2007 for robbery, evading a police officer, commercial burglary, and grand theft, with multiple serious felony and prison prior enhancements.
- Simpson was originally sentenced as a third-striker to 50 years to life plus 16 years, mostly due to these enhancements.
- Subsequent changes in California law invalidated certain enhancements for prior prison terms not related to sexually violent offenses, prompting a resentencing.
- In a 2023 resentencing, the trial court reduced Simpson's sentence to 50 years to life plus five years, striking most enhancements but retaining one prior serious felony enhancement.
- Simpson appealed, arguing errors in the trial court’s reliance on his memoir, its application of sentencing discretion, and the admission of his book as evidence at the sentencing.
Issues
| Issue | Simpson’s Argument | State's Argument | Held |
|---|---|---|---|
| Whether the court relied on incorrect facts from Simpson’s book at resentencing | The court misinterpreted the timing and context of facts in his book | The court properly considered the timing and content of the book | No error; court relied on correct facts |
| Whether the court failed to consider required statutory postconviction factors | The court omitted or misapplied required statutory and mitigating factors | The court had discretion and did consider the relevant factors | No error; court acted within discretion |
| Whether the trial court erred by admitting Simpson’s book at sentencing | Admission was improper without analysis under Evidence Code § 352.2 | Simpson forfeited the claim by not objecting below and invited its admission | Claim forfeited and invited error |
Key Cases Cited
- People v. Superior Court (Romero), 13 Cal.4th 497 (Cal. 1996) (establishes trial court’s discretion to strike prior strikes for sentencing)
- People v. Williams, 17 Cal.4th 148 (Cal. 1998) (sets standard for when a defendant is outside the spirit of the Three Strikes law)
- People v. Carmony, 33 Cal.4th 367 (Cal. 2004) (details abuse of discretion standard in Three Strikes sentencing)
- People v. Zackery, 147 Cal.App.4th 380 (Cal. Ct. App. 2007) (oral pronouncement of judgment controls over minute order)