Does a judge have authority to dismiss serious priors in furtherance of justice?
California, United States of America
The following excerpt is from People v. Petty, 37 Cal.App.4th 730, 44 Cal.Rptr.2d 34 (Cal. App. 1995):
By contrast, when "three strikes" was enacted trial courts had no 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). 6 The enactment was held valid by People v. Valencia (1989) 207 Cal.App.3d 1042, 255 Cal.Rptr. 180.
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