Can a defendant appeal against his conviction for assault with intent to rape?
California, United States of America
The following excerpt is from People v. Milton, 55 Cal.App.4th 365, 64 Cal.Rptr.2d 47 (Cal. App. 1997):
Defendant contends on appeal that this matter must be remanded to the trial court to permit that court to exercise its discretion to dismiss his serious felony convictions pursuant to People v. Superior Court (Romero) (1996) 13 Cal.4th 497, 53 Cal.Rptr.2d 789, 917 P.2d 628. At sentencing, neither the defense counsel nor the trial court discussed the court's power to strike defendant's "strikes." Thus, we face a silent record.
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