In what circumstances will the trial court deny defendant's motion to strike a prior conviction under the Three Strikes Act?

California, United States of America

The following excerpt is from People v. Marmolejo, E064120 (Cal. App. 2016):

In light of all of the circumstances, the trial court did not abuse its discretion in denying defendant's Romero motion: "The record does not 'manifestly support the striking of a prior conviction' because [defendant] is not a defendant who must be deemed 'outside the . . . spirit' of the Three Strikes law. On the contrary, [defendant's] current offense and his criminal history support sentencing under the Three Strikes law." (People v. Solis, supra, 232 Cal.App.4th at p. 1125.)

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