California, United States of America
The following excerpt is from People v. Delaflor, H041906 (Cal. App. 2016):
"super strike" offenses listed in section 667, subdivision (e)(2)(C)(iv).2 (See People v. Rivera (2015) 233 Cal.App.4th 1085, 1092.) "In exercising its discretion, the court may consider all of the following: [] (1) The petitioner's criminal conviction history, including the type of crimes committed, the extent of injury to victims, the length of prior prison commitments, and the remoteness of the crimes. [] (2) The petitioner's disciplinary record and record of rehabilitation while incarcerated. [] (3) Any other evidence the court, within its discretion, determines to be relevant . . . ." ( 1170.18, subd. (b).)
We first determine whether a reversal of the orders in this case would have any practical effect. " 'An action that involves only abstract or academic questions of law cannot be maintained. [Citation.] And an action that originally was based on a justiciable controversy cannot be maintained on appeal if all the questions have become moot by subsequent acts or events. A reversal in such a case would be without practical effect, and the appeal will therefore be dismissed.' [Citation.]" (People v. Herrera (2006) 136 Cal.App.4th 1191, 1198 (Herrera).)
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