What is the test for dismissing a motion to dismiss the allegation of a third strike?
California, United States of America
The following excerpt is from People v. Dang, H042807 (Cal. App. 2016):
Defendant filed a written motion requesting the trial court exercise its discretion to dismiss the strike allegation (see People v. Superior Court (Romero) (1996) 13 Cal.4th 497), noting that if the strike was dismissed, he would still face a minimum term greater than the original sentence of 30 years to life. The People opposed the motion, arguing that defendant did not fall outside the spirit of the Three Strikes law.
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