What is the test for dismissing a prior conviction that is treated as a strike under the Three Strikes law?

California, United States of America


The following excerpt is from People v. Belton, A125320 (Cal. App. 2011):

In appropriate circumstances, a sentencing court may dismiss a prior conviction that is treated as a strike under the Three Strikes law if it determines that "in light of the nature and circumstances of [the defendant's] present felonies and the prior serious and/or violent felony convictions, and the particulars of his background, character, and prospects, the defendant may be deemed outside the [Three Strikes] scheme's spirit, in whole or in part." (People v. Williams (1998) 17 Cal.4th 148, 161; see generally Romero, supra, 13 Cal.4th at pp. 527-531.) Dismissing a prior strike " 'is an extraordinary

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