What is the test for dismissing prior conviction allegations in cases prosecuted under the Three Strikes law?

California, United States of America


The following excerpt is from People v. Vizcarra, 186 Cal.Rptr.3d 637, 236 Cal.App.4th 422 (Cal. App. 2015):

8 In a footnote we explained that [a] trial court may dismiss prior felony conviction allegations in cases prosecuted under the Three Strikes law when dismissal is in furtherance of justice. ( 1385, subd. (a); see [Romero, supra, ] 13 Cal.4th [at pp.] 529530 [53 Cal.Rptr.2d 789, 917 P.2d 628].) In deciding whether to dismiss prior conviction allegations, the court must consider whether, in light of the nature and circumstances of his present felonies and prior serious and/or violent felony convictions, and the particulars of his background, character, and prospects, the defendant may be deemed outside the scheme's spirit, in whole or in part, 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 [69 Cal.Rptr.2d 917, 948 P.2d 429].)

8 In a footnote we explained that [a] trial court may dismiss prior felony conviction allegations in cases prosecuted under the Three Strikes law when dismissal is in furtherance of justice. ( 1385, subd. (a); see [Romero, supra, ] 13 Cal.4th [at pp.] 529530 [53 Cal.Rptr.2d 789, 917 P.2d 628].) In deciding whether to dismiss prior conviction allegations, the court must consider whether, in light of the nature and circumstances of his present felonies and prior serious and/or violent felony convictions, and the particulars of his background, character, and prospects, the defendant may be deemed outside the scheme's spirit, in whole or in part, 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 [69 Cal.Rptr.2d 917, 948 P.2d 429].)

Other Questions


What is the legal test for dismissing or striking prior felony conviction allegations in cases brought under the "Three Strikes" law? (California, United States of America)
After striking two of three prior felony convictions alleged as strikes, can a judge strike again? (California, United States of America)
Does a prior juvenile conviction constitute a prior felony conviction for "Three Strikes" purposes? (California, United States of America)
Can a judge or magistrate dismiss a prior felony conviction Page 30 allegations under the Three Strikes law? (California, United States of America)
What is the test for dismissing a prior conviction that is treated as a strike under the Three Strikes law? (California, United States of America)
What is the test for dismissing prior convictions in a three strike case? (California, United States of America)
Does Section 667 of the Three Strikes Act bar the trial court from dismissing a prior strike allegation? (California, United States of America)
Is a court's decision not to dismiss a prior "strike" conviction under the Three Strikes law subject to review? (California, United States of America)
Does a codefendant's sentence under the Three Strikes Act have to be considered extrinsic to the trial court's exercise of its limited discretion to strike a prior conviction? (California, United States of America)
What are the implications of the provisions in the Criminal Code requiring the Attorney General to approve a motion to dismiss, strike or dismiss a prior conviction? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.