California, United States of America
The following excerpt is from People v. Tufono, F069908 (Cal. App. 2016):
Pursuant to section 1385, trial courts have the discretion to strike prior felony convictions, either on their own motion or on request by the prosecution. (People v. Carmony (2004) 33 Cal.4th 367, 373.) A defendant is not entitled to make a motion to strike a conviction, but may invite the court to do so. (Id. at p. 375.) A trial court's denial of a defendant's invitation to strike a conviction is reviewed for abuse of discretion. (Id. at pp. 373-374.) "[A] trial court does not abuse its discretion unless its decision is so irrational or arbitrary that no reasonable person could agree with it" (id. at p. 377) and "a trial court will only abuse its discretion in failing to strike a prior felony conviction allegation in limited circumstances" (id. at p. 378).
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.