Under what circumstances can a judge strike or vacate a finding under the Three Strikes Act?
California, United States of America
The following excerpt is from People v. Stanfield, A146134 (Cal. App. 2016):
/s/_________
JONES, P. J.
/s/_________
SIMONS, J.
Footnotes:
1. All undesignated statutory references are to the Penal Code.
2. People v. Wende (1979) 25 Cal.3d 436.
3. Under section 1385, subdivision (a), a "judge . . . may, either of his or her own motion or upon the application of the prosecuting attorney, and in furtherance of justice, order an action to be dismissed." Section 1385 has been held to allow a trial court to "strike or vacate an allegation or finding under the Three Strikes law . . . on its own motion, 'in furtherance of justice.' " (People v. Carmony (2004) 33 Cal.4th 367, 373.)
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