What is the test for dismissing a strike under section 1385 of the California Three Strikes?

California, United States of America


The following excerpt is from People v. McLaughlin, A140513 (Cal. App. 2016):

" 'The striking of a prior serious felony conviction is not a routine matter. It is an extraordinary exercise of discretion, and is very much like setting aside a judgment of conviction after trial.' [Citation.]" (People v. McGlothin (1998) 67 Cal.App.4th 468, 474.) It is a conclusion "that an exception to the [sentencing] scheme should be made because, for articulable reasons which can withstand scrutiny for abuse, this defendant should be treated as though he actually fell outside the Three Strikes scheme." (Ibid.)

We review for an abuse of discretion the determination whether to dismiss a strike under section 1385. (People v. Carmony, supra, 33 Cal.4th at p. 374.) The Three Strikes law, which is " 'intended to restrict courts' discretion in sentencing repeat offenders[,]' . . . [] . . . [] . . . creates a strong presumption that any sentence that conforms to [its]

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