What is the result of a motion to dismiss the use of a dangerous weapon allegation against defendant?

California, United States of America


The following excerpt is from People v. Hester, 272 Cal.Rptr.3d 648, 58 Cal.App.5th 630 (Cal. App. 2020):

The court found defendant guilty of counts 2 and 3, explaining in detail its reasoning and analysis of the evidence. The court found defendant's two prior felony convictions from 1990 and 1993 remote in time, and also acknowledged defendant had struggled with drug addiction and homelessness. The court therefore granted, in part, defendant's motion pursuant to People v. Superior Court (Romero) (1996) 13 Cal.4th 497, 53 Cal.Rptr.2d 789, 917 P.2d 628, striking both prior convictions for purposes of Penal Code section 667, subdivision (a)(1). The court also struck one prior conviction for purposes of the Three Strikes law. The court granted the prosecution's motion to dismiss the use of a dangerous weapon allegation as to count 2.

Other Questions


Does the Defendant have any grounds to argue that it was error to deny the Defendant's motion to dismiss the Motion to Dismiss under section 995 of the Penal Code? (California, United States of America)
What is the impact of a motion to amend a motion in the Superior Court of Appeal against a motion by a defendant who alleges that the motion was improperly adjourned? (California, United States of America)
What is the test for dismissing a motion to dismiss a motion for summary dismissal? (California, United States of America)
What is the result of a motion to dismiss the remaining allegations against defendant? (California, United States of America)
In what circumstances will a defendant bring a motion alleging that a police officer fabricated his allegation of dangerous driving? (California, United States of America)
How has the trial court treated a motion to suppress a motion by a public defender appointed to represent defendant? (California, United States of America)
What is the difference between a motion of dismissal and a motion to dismiss for violation of the speedy trial right? (California, United States of America)
Does a probation condition prohibit a defendant from knowingly being in any building or vehicle where there is a dangerous or deadly weapon or near anyone who possesses such a weapon? (California, United States of America)
In what circumstances will a motion to dismiss an allegation of forgery be dismissed? (California, United States of America)
Does a voluntary dismissal of an action result in a judgment in the absence of a defendant as to whom the action was dismissed? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.