Can a judge strike a prior conviction in the interest of justice?

California, United States of America


The following excerpt is from People v. Henderson, 2d Crim. No.B275751 (Cal. App. 2017):

power to strike a prior conviction in the interest of justice in spite of language to the contrary in the Three Strikes law. In ruling on a Romero motion, the trial court must consider whether in light of the defendant's prior and current serious or violent felony convictions and the particulars of his background, character and prospects, the defendant may be deemed outside the three strikes scheme's spirit. (People v. Williams (1998) 17 Cal.4th 148, 161.)

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