Does a judge have the power to strike a prior conviction for sentencing purposes?

California, United States of America


The following excerpt is from People v. Rivadeneira, 176 Cal.App.3d 132, 222 Cal.Rptr. 548 (Cal. App. 1985):

"A long line of decisions, stretching over nearly 30 years, has established that a trial court's general statutory authority to 'dismiss' an action 'in furtherance of justice' under section 1385 [fn. omitted] includes the power [176 Cal.App.3d 136] to 'strike' a prior conviction for purposes of sentencing, whether or not the conviction has been admitted or established by the evidence." (People v. Fritz, supra, 40 Cal.3d at pp. 229-230, 219 Cal.Rptr. 460, 707 P.2d 833.)

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