California, United States of America
The following excerpt is from People v. Mendoza, E069292 (Cal. App. 2018):
Defendant argues that the trial court's comments at sentencing indicate it misapprehended its authority under section 1385 and People v. Superior Court (Romero) (1996) 13 Cal.4th 497 (Romero). Defendant contends the court believed it had no discretion to strike defendant's strike prior and his prison term prior, which would have allowed it to impose probation as an alternative to the 13-year prison sentence. The People disagree, arguing the court is entitled to the presumption that it understood and
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