California, United States of America
The following excerpt is from People v. Lewis, E062850 (Cal. App. 2016):
The "Three Strikes initiative, as well as the legislative act embodying its terms, was intended to restrict courts' discretion in sentencing repeat offenders." (Romero, supra, 13 Cal.4th at p. 528.) Thus, when a court is asked to dismiss prior strikes in "furtherance of justice" (Pen. Code, 1385, subd. (a)), it "must consider whether, in light of the nature and circumstances of his present felonies and prior serious and/or violent felony convictions, and the particulars of his background, character, and prospects, the defendant may be deemed outside the scheme's spirit, in whole or in part, and hence should be treated as though he had not previously been convicted of one or more serious and/or violent felonies." (People v. Williams (1998) 17 Cal.4th 148, 161.) Examples of factors that a court may consider include the defendant's age (People v. Gaston (1999) 74 Cal.App.4th 310, 321-322), the length of time between the commission of the prior strikes and the current crime (People v. Bishop (1997) 56 Cal.App.4th 1245, 1251), or whether the current or past offenses involved violence (People v. Myers (1999) 69 Cal.App.4th 305, 308-310). Most importantly, the court must look to the defendant's conduct between the commission of the strike and the current crime. (People v. Williams, supra, at p. 163.) Whether a defendant has suffered misdemeanor violations, or violated parole or probation, are aggravating factors that the court may consider in denying a
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