What is the test for striking a prior felony conviction for abuse of power?

California, United States of America


The following excerpt is from People v. Taylor, C079420 (Cal. App. 2017):

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. Carmony (2004) 33 Cal.4th 367, 377.) We review the trial court's decision whether to strike a prior felony conviction for abuse of discretion, meaning we will not reverse that decision "unless its decision is so irrational or arbitrary that no reasonable person could agree with it." (Id. at pp. 375, 377.)

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