"His first strike was at age 18, second strike at age 27 and third strike at age 29; escalating from felony assault to murder"

Murder suspect Ronald Loureiro had a hearing on a Romero motion on April 17.

A Romero motion is filed by the defense. The motion requests that the court strike a prior strike conviction for the purposes of sentencing. The defense can bring the motion at any point in a California criminal case up to the sentencing hearing. If the motion is granted, it significantly reduces the length of a state prison sentence.

Loureiro's attorney Deputy Conflict Counsel Owen Tipps argued one of the strikes was old and he that one of the strikes was when Loureiro was 18.

However he was no match for Deputy District Attorney Shelly Small. She cited People v Strong and other case law and facts.

"The fact that the prior is old is not ground to grant the motion," said Ms. Small. She said to dismiss a prior under the three strikes law there have to be extraordinary circumstances.

"The defendant has a continuous criminal history," said Ms. Small. "His first strike was at age 18, second strike at age 27 and third strike at age 29; escalating from felony assault to murder."

"The defendant has not led a legally blameless life since 2007," said Ms. Small.

Trial confirmation is still scheduled for May 4. Jury trial will not proceed on May 18. That will be addressed at the next court date.

 Mr. David Nims represents alleged victims Jackie Carter and two minor victims and he said, "I join Ms. Small's comments and ask motion be denied.

Judge Wilson denied the Romero motion without prejudice. "Mr. Loureiro's history applies to why the three strike law exists."  

"I did consider the strike was at age 18," said Judge Wilson. "While I agree he hasn't been convicted, overall at sentencing all those factors are taken under consideration whether it is appropriate to strike a strike."

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