The People of the State of California v. Superior Court (Romero), 13 CAL.

[1] The San Diego County District Attorney charged defendant Jesus Romero for possession of .13 grams of cocaine base.

The judge believed that a sentence of 25-to-life for simple possession of narcotics would unjustly punish the defendant.

[3] The District Attorney objected, arguing that the court did not have the power to dismiss a strike prior pursuant to California Penal Code section 1385.

"[5] Two years later the California Supreme Court clarified its ruling in Romero, providing a set of criteria by which trial court judges should determine whether to grant a Romero motion.