How have courts dealt with a motion to remand a convicted criminal for a second strike?

California, United States of America


The following excerpt is from People v. Rocha, 48 Cal.App.4th 1060, 56 Cal.Rptr.2d 212 (Cal. App. 1996):

7 By supplemental letter brief appellant urges remand so the trial court may determine whether or not to exercise its limited discretion to dismiss one or more "strikes." (People v. Superior Court (Romero) (1996) 13 Cal.4th 497, 53 Cal.Rptr.2d 789, 917 P.2d 628.) We reject the request because no dismissal motion was made to the trial court. Additionally, the record fails to show the trial court misunderstood its section 1385 discretion.

8 In his reply brief, appellant conceded reasons for consecutive in determinate sentences need not be stated.

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