What is the test for review of a court's failure to dismiss or strike a prior conviction allegation?

California, United States of America


The following excerpt is from People v. Florence, E063246 (Cal. App. 2016):

"[A] court's failure to dismiss or strike a prior conviction allegation is subject to review under the deferential abuse of discretion standard." (People v. Carmony (2004) 33 Cal.4th 367, 374.) Defendant has the burden of demonstrating an abuse of discretion and, in the absence of such a showing, we presume the trial court acted correctly. (Id. at pp. 376-377.) Even if we might have ruled differently in the first instance, we will affirm the trial court's ruling as long as the record shows the trial court balanced the relevant facts and reached an impartial decision in conformity with the spirit of the law.

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