What is the test for a motion to appeal a trial court's failure to dismiss or strike a prior felony conviction allegation?

California, United States of America


The following excerpt is from People v. Blair, C079867 (Cal. App. 2016):

Appellate courts review a trial court's "failure to dismiss or strike a prior [felony] conviction allegation . . . under the deferential abuse of discretion standard." (People v. Carmony (2004) 33 Cal.4th 367, 374.) A trial court will not abuse its discretion "unless its decision is so irrational or arbitrary that no reasonable person could agree with it." (Id. at p. 377.) As such, "a trial court will only abuse its discretion in failing to strike a prior felony conviction allegation in limited circumstances." (Id. at p. 378.)

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