Can a judge strike a criminal conviction for a prior felony conviction under section 1385(a) of the California Criminal Code?
California, United States of America
The following excerpt is from People v. Rivera, 41 Cal.App.4th 352, 48 Cal.Rptr.2d 646 (Cal. App. 1995):
4 Section 1385(a) provides, in pertinent 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 this section courts may strike prior felony convictions. (People v. Thomas (1992) 4 Cal.4th 206, 209, 14 Cal.Rptr.2d 174, 841 P.2d 159.)
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