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Name: People v. Lee
Case #: F052081
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 03/25/2008

The trial court has no independent obligation to obtain evidence to support a defendant’s Romero request for dismissal of a prior “strike” conviction pursuant to Penal Code section 1385. Appellant filed a motion asking the trial court to dismiss a “strike,” but neither the defense nor the prosecution provided any evidence as to appellant’s background, character, or prospects that might have supported appellant’s claim that he was outside the spirit of the Three Strikes sentencing scheme. Referring to the “strike” offense and the present offense, the trial court denied the request. The appellate court rejected appellant’s claim that the trial court had an independent duty to obtain evidence regarding appellant’s background, character, and prospects, stating that defendant has the burden to provide the court with any evidence he wishes the court to consider in support of his Romero request and that when he chooses not to present such evidence, he forfeits any complaint that the trial court failed to consider such evidence when it denied the Romero request.