What is the test for dismissing a Three Strikes allegation?
California, United States of America
The following excerpt is from People v. Duarte, B232095 (Cal. App. 2012):
determining whether to dismiss a Three Strikes allegation, the trial court must consider whether, in light of the nature and circumstances of her present felonies and prior serious or violent felony convictions, along with the particulars of her character, background, and prospects, the defendant may be deemed to be outside the Three Strikes scheme in whole or in part. [Citation.]" (People v. Vargas (2012) 206 Cal.App.4th 971, 977-978.)
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