California, United States of America
The following excerpt is from People v. Benevides, 64 Cal.App.4th 728, 75 Cal.Rptr.2d 388 (Cal. App. 1998):
At trial, defense counsel urged the trial court, in off-the-record discussions, to strike defendant's prior convictions under People v. Superior Court (Romero) (1996) 13 Cal.4th 497, 53 Cal.Rptr.2d 789, 917 P.2d 628. At sentencing, defense counsel requested the court consider striking one of the prior strikes. Both times the court refused to exercise its discretion to strike any of defendant's prior convictions, but gave no reasons for the refusal. However, according to the prosecutor's statements at sentencing, the court had indicated off the record that it felt defendant was "the model citizen for the three strikes law ."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.