What is the test for dismissing prior convictions in a three strike case?

California, United States of America


The following excerpt is from People v. Mansilla, F072898 (Cal. App. 2018):

Trial courts have limited discretion under section 1385 to dismiss prior convictions in three strikes cases. (Romero, supra, 13 Cal.4th at p. 530; see People v. Williams (1998) 17 Cal.4th 148, 162.) We are guided by two fundamental precepts in reviewing for abuse of discretion. The burden is on the party attacking the sentence to

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clearly show the sentencing decision was irrational or arbitrary. In the absence of such a showing, the trial court is presumed to act to achieve legitimate sentencing objectives, and its discretionary determination to impose a sentence will not be set aside on review. (People v. Carmony (2004) 33 Cal.4th 367, 376-377.) "[W]hen a defendant's criminal conduct has been proven to be immune from ordinary modes of punishment, one of the duties of the judiciary is to protect the public by utilizing recidivist sentencing statutes to incarcerate such persons." (People v. Castello (1998) 65 Cal.App.4th 1242, 1250-1251.) Also, a trial court's decision will not be reversed merely because reasonable people might disagree. Appellate tribunals are neither authorized nor warranted in substituting their judgment for the judgment of the trial judge. These precepts establish that a trial court does not abuse its discretion unless its decision is so irrational or arbitrary that no reasonable person could agree with it. (People v. Carmony, supra, at p. 377.)

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