California, United States of America
The following excerpt is from People v. Drew, 40 Cal.App.4th 811, 47 Cal.Rptr.2d 319 (Cal. App. 1995):
As we recently held in People v. Campos (1995) 38 Cal.App.4th 1669, 1674, 45 Cal.Rptr.2d 706: a trial court has no authority, on its own motion, to dismiss a qualifying "prior" ( 667, subds. (b)-(i)) in the interest of justice ( 1385, subd. (b)).
Prior to the enactment of "three strikes," trial courts did not have authority to dismiss "serious priors" in furtherance of justice. That authority had been totally removed in 1986 by the enactment of section 1385, subdivision (b). The enactment was held valid by People v. Valencia (1989) 207 Cal.App.3d 1042, 255 Cal.Rptr. 180.
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