Does the Attorney General have any authority to request to strike prior convictions under section 1385?

California, United States of America


The following excerpt is from People v. Barnes, A145937 (Cal. App. 2016):

Moreover, the Attorney General also points out correctly that with respect to the current petition, Barnes made no request that the trial court strike the prior convictions under section 1385. Therefore, the Attorney General argues that the issue has not been preserved. The failure to request the trial court to strike prior convictions waives or forfeits the right to do so on appeal. (People v. Carmony (2004) 33 Cal.4th 367, 375-376.) We agree with the Attorney General that the issue was not raised "by implication" in the petition submitted to the trial court, even though submitted in propria persona. There simply is no indication that the trial court gave any consideration to whether it had authority to strike the prior convictions, that it was asked to do so, or that it would have done so even if it had concluded that it had the authority to do so.

Other Questions


Does section 667 of the California Criminal Code prohibit the District Attorney from invoking section 654 of the Criminal Code to strike a prior conviction enhancement under Section 667? (California, United States of America)
Does the Attorney General have any authority to strike a prior conviction for Three Strikes? (California, United States of America)
Does the Attorney General have the authority to stay the execution of a convicted drug offender who has two prior drug convictions? (California, United States of America)
Does the Attorney General have any authority or authority to impose a fine of up to $1,000 on a convicted rapist who is convicted of a life sentence without parole? (California, United States of America)
Does the Attorney General's reading of a transcript from the Superior Court of Justice's hearing into a murder conviction for a prior conviction for the same crime be considered admissible under section 190.3, factor (b) of the Criminal Code? (California, United States of America)
Does the Attorney General have any authority to strike a sentence based on a prior conviction? (California, United States of America)
Can a convicted sex offender be sentenced to life imprisonment under section 667.67.51, subdivision (c) of the California Penal Code for a conviction of lewd or lascivious acts and finding of two prior convictions within the meaning of Section 67.51? (California, United States of America)
Can a judge strike a criminal conviction for a prior felony conviction under section 1385(a) of the California Criminal Code? (California, United States of America)
Does a prior juvenile conviction constitute a prior felony conviction for "Three Strikes" purposes? (California, United States of America)
What is the abuse of discretion standard for a review of a decision to strike or not to strike a prior conviction under section 1385 of the Criminal Code? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.