What is the test for dismissing a prior conviction?

California, United States of America


The following excerpt is from People v. Campos, 38 Cal.App.4th 1669, 45 Cal.Rptr.2d 706 (Cal. App. 1995):

Although dismissal "in furtherance of justice" has been described as an "amorphous concept," (People v. Orin (1975) 13 Cal.3d 937, 945, 120 Cal.Rptr. 65, 533 P.2d 193) no reasonable person would contend it was an abuse of discretion for the court to dismiss a defendant's prior convictions in order to

Page 722

Other Questions


Is a convicted burglar wrongfully convicted because of his co-defendant's prior burglary conviction? (California, United States of America)
Does the identity of a defendant's prior criminal convictions preclude the use of those prior convictions as evidence at trial of the same criminal charges? (California, United States of America)
In a motion to dismiss a conviction for a prior felony conviction for failing to complete probation, what is the burden on the court? (California, United States of America)
What are the implications of the provisions in the Criminal Code requiring the Attorney General to approve a motion to dismiss, strike or dismiss a prior conviction? (California, United States of America)
When a defendant has been convicted of a prior criminal offence, what are the factors that determine whether the prior conviction should be admitted to the jury? (California, United States of America)
When a lay person has a prior conviction for the same crime for which the appellant is being tried, is that prior conviction barred? (California, United States of America)
Does a prior juvenile conviction constitute a prior felony conviction for "Three Strikes" purposes? (California, United States of America)
Can a convicted sex offender be sentenced to life imprisonment under section 667.67.51, subdivision (c) of the California Penal Code for a conviction of lewd or lascivious acts and finding of two prior convictions within the meaning of Section 67.51? (California, United States of America)
If a jury finds that a witness has been convicted of a prior criminal offence, can the jury disregard the prior conviction? (California, United States of America)
Does a convicted felon who has completed his sentence for a conviction for a felonies conviction under Proposition 47 of the California Criminal Code, who would have been convicted of a misdemeanor under this act if this act had not been in effect? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.