What is the effect of a motion to strike a prior adjudication?

California, United States of America


The following excerpt is from People v. Johnson, A131027 (Cal. App. 2013):

For sentencing purposes, defendant asked the court to exercise its discretion, pursuant to People v. Superior Court (Romero) (1996) 13 Cal.4th 497, 508 (Romero), to strike his prior juvenile adjudication, which request was opposed by the prosecution. The trial court denied defendant's motion to strike, ruling as follows: "I don't think the interest of justice warrants striking the prior, and the defendant has [not] shown me in terms of his conduct on probation, his adult probation matter an[d] his conduct during the trial would warrant me to exercise that type of discretion or decision making. [] And

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frankly, I disagree with the characterization about a career criminal. I think he has earned himself a new career."

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