California, United States of America
The following excerpt is from People v. Superior Court (Missamore), 38 Cal.App.4th 1358, 45 Cal.Rptr.2d 392 (Cal. App. 1995):
General judicial authority to dismiss or strike prior convictions arises under section 1385, which provides in material part that "[t]he judge or magistrate may, either of his or her own motion or upon application of the prosecuting attorney, and in furtherance of justice, order an action to be dismissed." ( 1385, subd. (a).) As noted in People v. Fritz (1985) 40 Cal.3d 227, 219 Cal.Rptr. 460, 707 P.2d 833, "[a] long line of decisions, stretching over nearly 30 years, has established that a trial court's general statutory authority to 'dismiss' an action 'in furtherance of justice' under section 1385 includes the power to 'strike' a prior conviction for purposes of sentencing, whether or not the conviction has been admitted or established by the evidence." (Id., at pp. 229-230, 219 Cal.Rptr. 460, 707 P.2d 833, fn. omitted.)
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