Is a judge's discretionary power to dismiss prior felony convictions retroactive?

California, United States of America


The following excerpt is from People v. Fuhrman, 16 Cal.4th 930, 67 Cal.Rptr.2d 1, 941 P.2d 1189 (Cal. 1997):

We held in People v. Superior Court (Romero) (1996) 13 Cal.4th 497, 529-530, 53 Cal.Rptr.2d 789, 917 P.2d 628, that Penal Code section 1385 gave trial judges discretionary power to dismiss prior felony conviction allegations in furtherance of justice. We also declared that our holding would be "fully retroactive." (13 Cal.4th at p. 530, fn. 13, 53 Cal.Rptr.2d 789, 917 P.2d 628.) The only reasonable import of these words was that persons convicted of crimes would be entitled to the benefit of our holding regardless of [941 P.2d 1201] whether they were sentenced before or after that decision. The question before the court today is whether we meant what we said. The answer the majority gives is no.

Other Questions


Does a convicted felon who has completed his sentence for a conviction for a felonies conviction under Proposition 47 of the California Criminal Code, who would have been convicted of a misdemeanor under this act if this act had not been in effect? (California, United States of America)
Can a defendant appeal his prior conviction for assault against a judge's decision not to strike one or more of his prior convictions? (California, United States of America)
Can a judge strike a criminal conviction for a prior felony conviction under section 1385(a) of the California Criminal Code? (California, United States of America)
Is a defendant punished under section 667, subdivision (a) of the California Criminal Code because he was convicted of having committed a new serious felony after suffering a prior serious felony conviction? (California, United States of America)
Can a judge or magistrate dismiss a prior felony conviction Page 30 allegations under the Three Strikes law? (California, United States of America)
In a motion to dismiss a conviction for a prior felony conviction for failing to complete probation, what is the burden on the court? (California, United States of America)
Does a prior juvenile conviction constitute a prior felony conviction for "Three Strikes" purposes? (California, United States of America)
Does Section 1170.15 of the California Criminal Code apply when a defendant is convicted of a felony (the first felony) and also convicted of dissuading or attempting to dissuade a victim of the first felony? (California, United States of America)
What is the limitation on the trial court's power to dismiss a prior felony conviction for purposes of section 667, subdivision (e)(1) of the California Criminal Code? (California, United States of America)
What is the limitation on the trial court's power to dismiss a prior felony conviction for purposes of section 667? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.