California, United States of America
The following excerpt is from People v. Mancilla, F061394 (Cal. App. 2013):
After carefully reviewing the record in this case, we conclude that it is insufficient to allow us to determine whether defense counsel's failure to bring a motion to dismiss one of the prior strikes was an intentional tactical decision. Even if this court were to assume that appellant's two prior strikes arose out of the same act, this "provide[s] a factor for a trial court to consider, but do[es] not mandate striking a strike." (People v. Scott (2009) 179 Cal.App.4th 920, 931.) The nature of appellant's prior offenses is but one factor to be considered by the trial court when exercising its discretion to dismiss a
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