When will a court review a prior strike decision?

California, United States of America


The following excerpt is from People v. Cornelius, C079302 (Cal. App. 2016):

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. Williams (1998) 17 Cal.4th 148, 161.)

We review for abuse of discretion a trial court's refusal to dismiss a prior strike conviction. (People v. Carmony (2004) 33 Cal.4th 367, 374.) A trial court abuses its discretion only when its decision is "so irrational or arbitrary that no reasonable person could agree with it." (Id. at p. 377.) As long as the trial court "balanced the relevant facts and reached an impartial decision in conformity with the spirit of the law," on appeal we will not disturb a trial court's decision. (People v. Myers (1999) 69 Cal.App.4th 305, 310.)

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