California, United States of America
The following excerpt is from People v. Davis, D049754 (Cal. App. 12/11/2007), D049754 (Cal. App. 2007):
A trial court is authorized in its discretion to dismiss a prior strike allegation in the interests of justice under section 1385. (Romero, supra, 13 Cal.4th at pp. 529-530.) In ruling whether to dismiss a prior strike allegation the court must determine whether, considering the nature and circumstances of the current offense and prior strikes, the defendant may be deemed outside the spirit of the Three strikes law and should be treated as though he had not incurred one or more prior strikes. (People v. Williams (1998) 17 Cal.4th 148, 162-163.)
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