California, United States of America
The following excerpt is from People v. Gonzalez, E052350, Super.Ct.No. INF066835 (Cal. App. 2011):
abuse its discretion unless its decision is so irrational or arbitrary that no reasonable person could agree with it." (Id. at p. 377.) A trial court deciding whether to dismiss a prior strike conviction in furtherance of justice pursuant to section 1385, subdivision (a), "must consider whether, in light of the nature and circumstances of his present felonies and prior serious and/or violent felony convictions, and the particulars of his background, character, and prospects, the defendant may be deemed outside the scheme's spirit, in whole or in part, and hence should be treated as though he had not previously been convicted of one or more serious and/or violent felonies." (People v. Williams (1998) 17 Cal.4th 148, 161.)
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