Is a motion to strike a prior strike reviewed for abuse of discretion?
California, United States of America
The following excerpt is from People v. Robertson, C074507 (Cal. App. 2014):
A trial court's ruling on a motion to strike a prior strike is reviewed for abuse of discretion. (People v. Carmony (2004) 33 Cal.4th 367, 375.) Defendant has the burden of establishing that a trial court's denial of such motion was arbitrary or irrational, such as where the trial court was not aware of its discretion, considered impermissible factors, or imposed a sentence that is absurd under the particular facts of the case. (Id. at pp. 376-377.)
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