Does a prior conviction for abuse of the mental health system constitute a strike within the meaning of the Three Strikes?

California, United States of America


The following excerpt is from The People v. Turner, B214725, No. YA071281 (Cal. App. 2010):

A trial court has the authority, in furtherance of justice, to dismiss an allegation or vacate a finding that a prior serious or violent felony conviction constitutes a strike within the meaning of the "Three Strikes" law. (Romero, supra, at p. 504; Pen. Code, 1385.) In making that decision, the court "must consider whether, in light of the nature and circumstances of his present felonies and prior serious and/or violent felony convictions, and the particulars of his background, character, and prospects, the defendant may be deemed outside the scheme's spirit, in whole or in part, and hence should be treated as though he had not previously been convicted of one or more serious and/or violent felonies." (People v. Williams (1998) 17 Cal.4th 148, 161.) We review the court's decision whether or not to strike a prior conviction for abuse of discretion. (Id. at p. 152.)

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