What is the standard of review for striking a prior conviction under section 1385?

California, United States of America


The following excerpt is from People v. Esperanza, E059110 (Cal. App. 2014):

"Because the circumstances must be 'extraordinary . . . by which a career criminal can be deemed to fall outside the spirit of the very scheme within which he squarely falls once he commits a strike as part of a long and continuous criminal record, the continuation of which the law was meant to attack' [citation], the circumstances where no reasonable people could disagree that the criminal falls outside the spirit of the three strikes scheme must be even more extraordinary." (People v. Carmony, supra, 33 Cal.4th at p. 378.)

Page 20

"[A] trial court's refusal or failure to dismiss or strike a prior conviction allegation under section 1385 is subject to review for abuse of discretion." (People v. Carmony, supra, 33 Cal.4th at p. 375.) "This standard is deferential. [Citations.] . . . [I]t asks in substance whether the ruling in question 'falls outside the bounds of reason' under the applicable law and the relevant facts [citations]." (People v. Williams (1998) 17 Cal.4th 148, 162.)

Other Questions


What is the abuse of discretion standard for a review of a decision to strike or not to strike a prior conviction under section 1385 of the Criminal Code? (California, United States of America)
Can a convicted sex offender be sentenced to life imprisonment under section 667.67.51, subdivision (c) of the California Penal Code for a conviction of lewd or lascivious acts and finding of two prior convictions within the meaning of Section 67.51? (California, United States of America)
Does section 667 of the California Criminal Code prohibit the District Attorney from invoking section 654 of the Criminal Code to strike a prior conviction enhancement under Section 667? (California, United States of America)
Is a court's refusal or failure to dismiss or strike a prior conviction allegation under section 1385 subject to review for abuse of discretion? (California, United States of America)
Can a judge strike a criminal conviction for a prior felony conviction under section 1385(a) of the California Criminal Code? (California, United States of America)
Is a court's refusal or failure to dismiss or strike a prior conviction allegation under section 1385 subject to review? (California, United States of America)
Is a court's decision not to dismiss a prior "strike" conviction under the Three Strikes law subject to review? (California, United States of America)
How have courts treated a motion to strike a prior conviction under section 1385 of the Three Strikes Act? (California, United States of America)
Does a prior juvenile conviction constitute a prior felony conviction for "Three Strikes" purposes? (California, United States of America)
Does a prior conviction for a violation of section 245 of the Penal Code section 245, subdivision (a) qualify as a serious felonies under the Three Strikes law? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.