Is middle age a factor in dismissing a prior strike?

California, United States of America


The following excerpt is from People v. Saysanasy, F081458 (Cal. App. 2021):

The trial court did not abuse its discretion in denying Saysanasy's Romero motion based on his age. In addressing whether middle age is a factor in the context of dismissing a prior strike, the court in People v. Strong (2001) 87 Cal.App.4th 328, 345, stated, middle age, considered alone, does not remove a defendant from the spirit of the Three Strikes law because [o]therwise those criminals with the longest criminal records over the longest period of time would have a built-in argument that the very factor that takes them within the spirit of the Three Strikes law-a lengthy criminal career-has the inevitable consequence-middle age-that takes them outside the law's spirit. So too here, Saysanasy's age did not necessarily warrant a lesser punishment or take him out of the spirit of the three strikes law.

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