California, United States of America
The following excerpt is from People v. Maldonado, G046918 (Cal. App. 2013):
that a judge "may . . . in furtherance of justice, order an action to be dismissed." "[P]ursuant to Penal Code section 1385[, subdivision ](a), a trial court may strike an allegation or vacate a finding under the so-called 'Three Strikes' law [citation] that a defendant has previously been convicted of a 'serious' and/or 'violent' felony as defined therein." (People v. Williams (1998) 17 Cal.4th 148, 151-152, fn. omitted.) In determining whether to exercise its discretion to do so, a court "must consider whether, in light of the nature and circumstances of his present felonies and prior serious and/or violent felony convictions, and the particulars of his background, character, and prospects, the defendant may be deemed outside the [Three Strikes law] 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." (Id. at p. 161.)
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.