What is the effect of dismissal of a prior conviction allegation under section 1385 of the Criminal Code?
California, United States of America
The following excerpt is from People v. Lochard, H035363 (Cal. App. 2011):
The court continued: "It also would be inconsistent with our description of the effect of a section 1385 dismissal. As we have repeatedly emphasized, dismissal of a prior conviction allegation under section 1385 'is not the equivalent of a determination that defendant did not in fact suffer the conviction.' (People v. Burke, supra, 47 Cal.2d at p. 51; [citation].) 'When a court strikes prior felony conviction allegations in this way, it
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