People v. Shaver CA3

── People v. Shaver CA3 ── Court: California Court of Appeal Date: April 17, 2026 Category: General Filed 4/17/26 P. v. Shaver CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento) ---- THE PEOPLE, C100758 Plaintiff and Respondent, (Super. Ct. No. 20FE007463) v. SHAWN DOUGLAS SHAVER, Defendant and Appellant. Defendant Shawn Douglas Shaver was convicted of two counts of manslaughter, with a firearm use enhancement on each count, and one count of unlawful possession of a firearm by a felon. Defendant argues on appeal that the trial court abused its discretion by declining to dismiss his prior strike conviction under Penal Code section 1385,1 subdivision (a) and People v. Superior Court (Romero) (1996) 13 Cal.4th 497 (Romero). We affirm. 1 Undesignated section references are to the Penal Code. 1  FACTUAL AND PROCEDURAL BACKGROUND The People charged defendant with two counts of murder (§ 187, subd. (a)) with an enhancement for intentionally and personally discharging a firearm resulting in death (§ 12022.53). Defendant also was charged with unlawful possession of a firearm by a felon. (§ 29820.) The information further alleged defendant had a prior strike conviction. (§§ 667, subds. (b)-(i) & 1170.12.) As to both murder counts, the jury found defendant guilty of the lesser included offenses of voluntary manslaughter. (§ 192, subd. (a).) The jury also found true the firearm enhancements as to both manslaughter counts (§ 12022.53), and found defendant guilty of being a felon in possession of a firearm. Defendant admitted the prior strike conviction. At sentencing, the trial court denied defendant’s motion to dismiss the prior strike conviction. The court sentenced defendant to an aggregate term of 28 years in prison consisting of six years, doubled for the prior strike to 12 years for the first manslaughter count; a consecutive six-year term, doubled to 12 years for the prior strike for the second manslaughter count; and four years consecutive for one of the firearm enhancements. The court stayed the felon in possession of a firearm count (§ 654) and struck the other firearm enhancement (§ 1385, subd. (c)). Defendant timely appealed. DISCUSSION Defendant claims the trial court abused its discretion by declining to dismiss the prior strike. Specifically, defendant argues the court improperly relied on unproven allegations to support its finding that defendant did not fall outside the spirit of the Three Strikes law. We disagree. A. Additional Background Before the Romero hearing, both parties filed briefs, which the trial court reviewed. Defendant asserted he was 16 years old when he committed the prior strike, 2 had no other prior convictions, had been employed throughout his adult life, and had support from his family. Defendant further claimed that the circumstances surrounding the underlying manslaughter convictions were “entirely situational” because the jury found “significant provocation” and he did not bring the gun used in the shooting, which “was available to him by happenstance.” The