Can a defendant who has a prior conviction for assault be sentenced to double the amount of time he would otherwise receive under the Three Strikes Act?

California, United States of America


The following excerpt is from People v. Zorich, G049783 (Cal. App. 2015):

Under the Three Strikes law ( 667, subds. (b)-(i)), a defendant who has been convicted of a felony and who has previously been convicted of a serious or violent felony, is to be sentenced to double the amount of time he or she would otherwise receive. ( 667, subd. (e)(1).) Nonetheless, the trial court has the authority to strike in the furtherance of justice, a prior felony conviction under the Three Strikes law. (People v. Superior Court (Romero) (1996) 13 Cal.4th 497, 529-530 (Romero).) Defendant invited the trial court to strike his prior felony "strike" conviction pursuant to section 1385.

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