Does a judge have discretion to strike a prior serious felony conviction for sentencing purposes?

California, United States of America


The following excerpt is from People v. Taylor, C080968 (Cal. App. 2019):

We recognize that the trial court's sentencing choices and statements at sentencing suggest it would not exercise its discretion to strike the prior serious felony enhancement; however, that suggestion is not a "clear indication" and does not foreclose the possibility the trial court would have declined to exercise its discretion to strike defendant's prior serious felony conviction for sentencing purposes if it had the discretion to do so. (Cf. People v. Gutierrez (1996) 48 Cal.App.4th 1894, 1896 [declining to remand for resentencing because "the trial court indicated that it would not, in any event, have exercised its discretion to lessen the sentence . . . by imposing two additional discretionary one-year enhancements" and describing the defendant as " 'the kind of individual the law was intended to keep off the street as long as possible' "].) Accordingly, we agree with defendant that remand is appropriate in this case to allow the trial court to exercise its discretion as to whether to strike his prior serious felony enhancement.

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