Can a defendant's prior serious felony conviction be dismissed or stricken for sentencing purposes?

California, United States of America


The following excerpt is from People v. Garcia, 239 Cal.Rptr.3d 558, 28 Cal.App.5th 961 (Cal. App. 2018):

3 Remand for resentencing will not be futile. The record does not indicate that the court would not have dismissed or stricken defendants prior serious felony conviction for sentencing purposes, had the court had the discretion to do so at the time it originally sentenced defendant. (People v. Almanza (2018) 24 Cal.App.5th 1104, 1110, 235 Cal.Rptr.3d 190.)

Other Questions


Is a defendant punished under section 667, subdivision (a) of the California Criminal Code because he was convicted of having committed a new serious felony after suffering a prior serious felony conviction? (California, United States of America)
Is a defendant's prior serious felony conviction valid for sentencing purposes under section 667 of the California Criminal Code? (California, United States of America)
When sentencing a criminal defendant for a prior felony conviction is not based on his prior criminal conviction but on his constitutional rights? (California, United States of America)
How have courts treated allegations that a defendant has three prior serious felony convictions and served a prior prison term? (California, United States of America)
Is a defendant's sentence for a prior conviction of a serious felony reduced to a misdemeanor under section 17, subdivision (b)(3) of the California Criminal Code? (California, United States of America)
Is a defendant's sentence for a prior conviction of a serious felony reduced to a misdemeanor under section 17, subdivision (b)(3) of the California Criminal Code? (California, United States of America)
Does a judge have discretion to strike a prior serious felony conviction for sentencing purposes? (California, United States of America)
Is a defendant's sentence for a prior conviction of a serious felony reduced to a misdemeanor under section 17, subdivision (b)(3) of the California Criminal Code? (California, United States of America)
Does a prior juvenile conviction constitute a prior felony conviction for "Three Strikes" purposes? (California, United States of America)
Does Section 1170.15 of the California Criminal Code apply when a defendant is convicted of a felony (the first felony) and also convicted of dissuading or attempting to dissuade a victim of the first felony? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.