People v. Vargas
59 Cal. 4th 635
| Cal. | 2014Background
- Vargas and codefendant Velasquez burglarized a Claremont residence, stole items, and were later found with burglary tools and stolen property.
- A witness identified Vargas and Velasquez near the victims’ home with the stolen items.
- Vargas was convicted of first degree burglary, grand theft, and conspiracy to commit grand theft; she had two prior strike convictions: carjacking (1999) and robbery (date unspecified but prior to 1999).
- The two prior strikes were based on the same act (the forcible taking of the victim’s car) and were committed during the same incident.
- Under the version of the Three Strikes law in effect, all three present felonies could be subject to strike enhancements, potentially yielding a 75-years-to-life term.
- The trial court initially dismissed the carjacking strike as to some counts but not the burglary conviction, and sentenced Vargas under Three Strikes.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether two prior strikes based on the same act must be dismissed | People argues two strikes may stand if applicable under Three Strikes. | Vargas argues one prior conviction should be dismissed under Romero/Carmony principles because they arise from a single act. | Yes; one prior strike must be dismissed |
| Whether the trial court abused discretion by declining to dismiss one of the two strikes | People contends the court acted within its discretion to keep both strikes. | Vargas contends dismissal was warranted to align with the spirit of Three Strikes. | Court did not reach this issue; it was dispositive that one strike must be dismissed |
Key Cases Cited
- People v. Benson, 18 Cal.4th 24 (Cal. 1998) (two priors from same incident may be treated under 1170.12, but footnote recognizes potential for dismissal when based on same act)
- People v. Sanchez, 24 Cal.4th 983 (Cal. 2001) (recognizes Benson’s consideration of single-act priors; discusses tailoring Romero analysis)
- People v. Carmony, 33 Cal.4th 367 (Cal. 2004) (exceptional circumstances standard for striking priors; extraordinary circumstances required)
- People v. Williams, 17 Cal.4th 148 (Cal. 1998) ( Romero framework for striking priors; balancing circumstances)
- People v. Romero, 13 Cal.4th 497 (Cal. 1996) (establishes that courts may strike prior convictions under 1385 in Three Strikes cases)
- People v. Burgos, 117 Cal.App.4th 1209 (Cal. App. 2004) (two priors arising from same act may warrant dismissal; discusses same-act cautionary approach)
- People v. Scott, 179 Cal.App.4th 920 (Cal. App. 2009) (same-act factor is a consideration, not a mandate to dismiss; Scott declined Burgos’ blanket rule)
- Benson, 18 Cal.4th 24 (Cal. 1998) (footnote discussion on same-act priors and Three Strikes spirit)
- People v. Garcia, 25 Cal.4th 744 (Cal. 2001) (legislative intent and Three Strikes interpretation guidance)