Is a court's refusal or failure to dismiss or strike a prior conviction allegation under section 1385 subject to review?
California, United States of America
The following excerpt is from People v. Ortiz, B249226 (Cal. App. 2014):
"[A] trial court's refusal or failure to dismiss or strike a prior conviction allegation under section 1385 is subject to review for abuse of discretion." (People v. Carmony (2004) 33 Cal.4th 367, 375.) "'[T]he three strikes law not only establishes a sentencing norm, it carefully circumscribes the trial court's power to depart from this norm and
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