Does the court's comments regarding the electorate's feelings about the three strikes law amount to an abuse of discretion?

California, United States of America


The following excerpt is from People v. Rodriguez, C072461 (Cal. App. 2014):

We do not find the court's comments regarding the electorate's feelings about the three strikes law amount to an abuse of discretion. The purpose of the three strikes law is relevant to a court's exercise of its section 1385 discretion but should not predominate in the court's exercise of that discretion. (People v. Garcia (1999) 20 Cal.4th 490, 501-502.) The court's comments were but one aspect of its review of defendant's case. They neither predominated nor overshadowed the other considerations: defendant's previous record, the crimes at issue in the present case, and defendant's background and prospects for rehabilitation.

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