What is the test for dismissing a juvenile strike?

California, United States of America


The following excerpt is from People v. Gonzales, B237078 (Cal. App. 2012):

The trial court clearly understood the scope of its discretion and decided not to dismiss the juvenile strike allegation because defendant had not lived a crime-free life after his 1992 offense but instead, time after time, endangered others by driving under the influence. Defendant's conduct does not demonstrate that he has learned any lesson from his repeated convictions. The trial court did not err in finding defendant is the kind of criminal the Three Strikes law was intended to punish, notwithstanding his stated remorse and desire to improve his life. (See People v. Williams (1998) 17 Cal.4th 148, 163.)

The judgment is affirmed.

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