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.
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