Can a judge or magistrate dismiss an action brought under the Three Strikes Act?
California, United States of America
The following excerpt is from People v. Strickland, F073505 (Cal. App. 2018):
"[A] judge or magistrate may, either of his or her own motion or upon the application of the prosecuting attorney, and in furtherance of justice, order an action to be dismissed." ( 1385, subd. (a).) This provision "permit[s] a court acting on its own motion to strike prior felony conviction allegations in cases brought under the Three Strikes law." (Romero, supra, 13 Cal.4th at pp. 529-530; accord, People v. Williams
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