What is the test for determining whether a defendant has at least one qualifying strike under the Three Strikes Act?

California, United States of America


The following excerpt is from People v. Gomez, E071395 (Cal. App. 2020):

The purpose of the Three Strikes law is "to ensure longer prison sentences and greater punishment for those who commit a felony and have been previously convicted of one or more serious or violent felony offenses." ( 667, subd. (b).) The Three Strikes law "establishes a sentencing requirement to be applied in every case where the defendant has at least one qualifying strike," unless the trial court determines the defendant falls outside the scheme's spirit. (People v. Strong (2001) 87 Cal.App.4th 328, 337-338.) "[E]xtraordinary must the circumstance be 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

Page 14

which the law was meant to attack." (Id. at p. 338.) Thus, the Three Strikes law "not only establishes a sentencing norm, it carefully circumscribes the trial court's power to depart from this norm." (People v. Carmony (2004) 33 Cal.4th 367, 378.)

"The trial court is not required to state reasons for declining to exercise its discretion under section 1385." (People v. Gillispie (1997) 60 Cal.App.4th 429, 433.) The trial court "is presumed to have considered all of the relevant factors in the absence of an affirmative record to the contrary." (People v. Myers (1999) 69 Cal.App.4th 305, 310.)

Other Questions


What is the test for determining whether a defendant has a prior strike against the Three Strikes law? (California, United States of America)
What is the test for determining whether a prior conviction qualifies as a strike under the Three Strikes law? (California, United States of America)
What is the test for determining whether a defendant's age, education, physical condition, and mental health are factors used in determining whether they should be charged with assault? (California, United States of America)
What is the test for determining whether a defendant's mental impairment is an impairment when determining whether he acted in imperfect or complete self-defense? (California, United States of America)
What is the test for determining whether a defendant has a history of serious and/or violent felony convictions under the Three Strikes scheme? (California, United States of America)
Does a defendant have a right to a jury trial to determine whether his prior conviction qualifies as a strike? (California, United States of America)
What is the test for determining whether a defendant's intent or mental state is a factor in determining whether they intended to commit an act of violence? (California, United States of America)
What is the test for a jury to determine whether a defendant's mental state was not a factor in determining whether they had committed a sexual assault? (California, United States of America)
What factors are considered to be relevant in determining whether a defendant is within the spirit of the Three Strikes Act? (California, United States of America)
What is the test for determining whether a defendant falls within the Three Strikes scheme? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.