Can a defendant move to strike a prior conviction pursuant to section 1385 of the California Criminal Code?
California, United States of America
The following excerpt is from People v. Gillispie, 60 Cal.App.4th 429, 70 Cal.Rptr.2d 462 (Cal. App. 1997):
A determination not to strike a prior conviction presents distinct procedural issues. A defendant has no right to move to strike a prior felony conviction pursuant to section 1385, but may only "ask the trial [60 Cal.App.4th 433] court to exercise its discretion under section 1385" (People v. Superior Court (Flores)
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