California, United States of America
The following excerpt is from Barfoot, In re, 61 Cal.App.4th 923, 71 Cal.Rptr.2d 870 (Cal. App. 1998):
People v. Superior Court (Romero), supra, 13 Cal.4th 497, 53 Cal.Rptr.2d 789, 917 P.2d 628, held that the trial court retained discretion under section 1385 to strike prior convictions alleged under the Three Strikes law. The holding is fully retroactive. In regard to defendants where relief on appeal was no longer available, the court stated that those individuals "may file a petition for habeas corpus to secure reconsideration of the sentence. Such a petition should be filed in the sentencing court. [Citation.] Such a petition may be summarily denied if the record shows that the sentencing court was aware that it possessed the [61 Cal.App.4th 929] discretion to strike prior felony conviction allegations without the concurrence of the prosecuting attorney and did not strike the allegations, or if the record shows that the sentencing court clearly indicated that it would not, in any event, have exercised its discretion to strike the allegations. [Citation.]" (Id. at p. 530, fn. 13, 53 Cal.Rptr.2d 789, 917 P.2d 628.)
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