Can a defendant be treated as if he had not previously been convicted of one or more serious or violent felonies?

California, United States of America


The following excerpt is from People v. Harris, B280335 (Cal. App. 2018):

character, and prospects, the defendant may be deemed outside the scheme's spirit, in whole or in part, and hence should be treated as though he had not previously been convicted of one or more serious and/or violent felonies." (People v. Williams (1998) 17 Cal.4th 148, 161.)

We review the trial court's decision whether to strike a previous serious or violent felony for abuse of discretion. (People v. Carmony (2004) 33 Cal.4th 367, 374.) "[A] trial court will only abuse its discretion in failing to strike a prior felony conviction allegation in limited circumstances. For example, an abuse of discretion occurs where the trial court was not 'aware of its discretion' to dismiss [citation], or where the court considered impermissible factors in declining to dismiss [citation]." (Id. at p. 378.)

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