Does a defendant have to be treated as if he had not previously been convicted of one or more serious felonies?

California, United States of America


The following excerpt is from People v. Hicks, C060383 (Cal. App. 12/17/2009), C060383 (Cal. App. 2009):

In sum, the nature and circumstances of defendant's present felonies, his prior serious felony convictions, and the particulars of his background, character, and prospects do not put him outside the spirit of the three strikes law such that he should be treated as though he had not previously been convicted of one or more of his serious felonies. (People v. Williams, supra, 17 Cal.4th at p. 161.) Therefore, the trial court did not abuse its discretion in denying defendant's Romero motion.

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