California, United States of America
The following excerpt is from People v. Rowe, C092103 (Cal. App. 2021):
We review a trial court's decision whether to strike a prior conviction for abuse of discretion. An abuse of discretion occurs where the trial court does not fully understand the scope of its discretion. (People v. Carmony (2004) 33 Cal.4th 367, 374, 378.)
Here, it appears the trial court did not understand that defendant's postconviction conduct could indeed be considered in determining whether to strike the section 667, subdivision (a) enhancement. The court may consider any pertinent circumstances that have arisen since the original sentence was imposed. (Dix v. Superior Court (1991) 53 Cal.3d 442, 460.) Accordingly, we agree with the parties that the proper remedy is to remand the case to the trial court for the opportunity to exercise its discretion after considering all relevant material, including material regarding happenings that postdate any original or subsequent proceedings. We express no opinion regarding the court's ultimate decision on whether to strike the section 667, subdivision (a) enhancement.
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