What is the test for dismissing allegations of a third strike?

In deciding whether to exercise its discretion to dismiss strike allegations, courts must determine whether the defendant should be deemed outside the spirit of the three strikes law and hence should be treated as though he had not previously been convicted of one or more serious and/or violent felonies. (People v. Williams (1998) 17 Cal.4th 148, 161.) In making this determination courts must consider three factors: (1) the nature and circumstances of his present felonies; (2) the nature and circumstances of the strike offense; and (3) the particulars of the defendant's background, character, and prospects for the future. (Id. at p. 161.)

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