In a significant ruling, the California Court of Appeal upheld a 27-year and eight-month prison sentence for Jonathon Abenido Perkins, who pleaded guilty to multiple charges, including domestic violence. The court's decision, filed on October 19, 2026, came after the prosecution appealed a trial court's decision to grant a Romero motion, which allows for the dismissal of prior strike convictions under certain circumstances. This ruling affects Perkins, the victim, and the broader legal landscape surrounding domestic violence cases in California.
The case arose from a violent incident in September 2023, when Perkins violated a no-contact order with his ex-girlfriend, Z.C. He entered her home and assaulted her, resulting in severe injuries that required surgery. Perkins was charged with several felonies, including corporal injury to a spouse and false imprisonment, along with enhancements for prior strike convictions. Despite a previous judge denying his Romero motion, Perkins sought to have it reconsidered, which led to the current appeal.
The California Court of Appeal's decision centers on the procedural aspects of the case. The court noted that the prosecution had not objected to the renewed Romero motion at the time of Perkins' plea or sentencing. As a result, the court ruled that the prosecution forfeited its right to contest the motion on appeal. The court stated, "The forfeiture doctrine is a well-established procedural principle that, with certain exceptions, an appellate court will not consider claims of error that could have been—but were not—raised in the trial court." This ruling emphasizes the importance of timely objections in legal proceedings.
The court, led by Presiding Justice Cody, affirmed the trial court's decision to grant the Romero motion, stating that the judge did not abuse his discretion. The ruling highlighted that the trial court considered Perkins' young age at the time of his prior offenses and his challenging background, including mental health issues and a history of abuse. The court noted, "The court acknowledged the severity of defendant’s conduct in the current case but also significantly weighed the relatively benign nature of the burglary strike, as well as his tender age at that time."
This ruling is significant for several reasons. It reinforces the importance of the forfeiture doctrine, which prevents parties from raising claims on appeal that they did not timely object to during trial. Additionally, it highlights the discretion trial courts have in considering Romero motions, allowing them to weigh the circumstances of a defendant's background and the nature of their prior offenses. The decision may influence how future cases involving domestic violence and prior strike convictions are handled in California.
Looking ahead, the ruling can potentially be appealed to the California Supreme Court, although it is unclear if the prosecution will pursue this option. Meanwhile, Perkins remains in custody, serving his sentence, while the legal community watches for any related cases that may arise from this decision.