Can a judge or magistrate dismiss a prior felony conviction Page 30 allegations under the Three Strikes law?
California, United States of America
The following excerpt is from People v. Lynch, D065266 (Cal. App. 2014):
Section 1385, subdivision (a) provides in relevant part: "The judge or magistrate may, either of his or her own motion or upon the application of the prosecuting attorney, and in furtherance of justice, order an action to be dismissed." Under section 1385, subdivision (a), a trial court has the discretion to dismiss prior felony conviction
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allegations under the Three Strikes law. (People v. Superior Court (Romero) (1996) 13 Cal.4th 497, 529-530.)
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