What is the test for dismissing a strike in a criminal case?
California, United States of America
The following excerpt is from People v. Stevenson, D066641 (Cal. App. 2016):
Section 1385, subdivision (a), allows a trial court to exercise its discretion to dismiss a strike conviction allegation in furtherance of justice. The three strikes initiative was intended to restrict a trial court's discretion in sentencing repeat offenders, and thus not only establishes a sentencing norm, but carefully circumscribes the trial court's power to depart from this norm and requires the court to explicitly justify its decision to do so. (People v. Superior Court (Romero) (1996) 13 Cal.4th 497, 528.) The law creates a
Page 5
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
