What is the test for dismissing a Three Strikes Order?

California, United States of America


The following excerpt is from People v. Calderon, E049484 (Cal. App. 2011):

In determining whether to dismiss a strike, the trial court must determine whether the defendant is the type of criminal whom the Three Strikes law was meant to target. (People v. Williams (1998) 17 Cal.4th 148, 160-161.) In this regard, the court is directed to consider the "nature and circumstances of the defendant's present felonies and prior serious and/or violent felony convictions, and the particulars of his background, character, and prospects." (Id. at p. 161.)

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