What is the test for striking a conviction for a criminal offence under the Three Strikes scheme?

California, United States of America


The following excerpt is from People v. Carter, B231589 (Cal. App. 2012):

"'The striking of a prior serious felony conviction is not a routine matter. It is an extraordinary exercise of discretion, and is very much like setting aside a judgment of conviction after trial.' [Citation.]" (People v. McGlothin (1998) 67 Cal.App.4th 468, 474.) It is a conclusion "that an exception to the [sentencing] scheme should be made because, for articulable reasons which can withstand scrutiny for abuse, this defendant should be treated as though he actually fell outside the Three Strikes scheme." (Ibid.)

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