What is the test for dismissing a strike?

California, United States of America


The following excerpt is from People v. Vaughn, F074750 (Cal. App. 2019):

Sentencing courts have discretion to dismiss a "strike" (see generally Romero, supra, 13 Cal.4th 497), but that discretion is of a "limited nature." (People v. Bonnetta (2009) 46 Cal.4th 143, 153.) The court "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 ...." (People v. Williams (1998) 17 Cal.4th 148, 161.) A sentencing court may not dismiss a strike " 'guided solely by a personal antipathy for

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