Is a prior conviction under section 1385 of the Three Strikes law reviewed for abuse of discretion?

California, United States of America


The following excerpt is from People v. Gallagher, A143732 (Cal. App. 2015):

A trial court's refusal to dismiss or strike a prior conviction allegation under section 1385 is subject to review for abuse of discretion. (People v. Carmony (2004) 33 Cal.4th 367, 375.) "[A] trial court does not abuse its discretion unless its decision is so irrational or arbitrary that no reasonable person could agree with it." (Id. at p. 377.) The striking of a prior serious felony conviction is not a routine exercise of sentencing discretion. It is an extraordinary exercise of discretion to determine that a defendant who falls within the letter of the Three Strikes law should be treated as if he has no prior convictions because, for certain reasons, he is deemed to be outside the spirit of the law. (People v. Strong (2001) 87 Cal.App.4th 328, 332.)

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