Can a judge strike or vacate an allegation or finding under the Three Strikes law that a defendant has previously been convicted of a serious and/or violent felony?
California, United States of America
The following excerpt is from People v. Brown, B282341 (Cal. App. 2018):
4. Section 1385, subdivision (a) provides that a judge may order an action to be dismissed in furtherance of justice. In People v. Superior Court (Romero) (1996) 13 Cal.4th 497, 529-531 (Romero), the court held that section 1385, subdivision (a) gives a trial court discretion to strike or vacate an allegation or finding under the Three Strikes law that a defendant has previously been convicted of a serious and/or violent felony.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
When will a court strike or vacate a prior serious and/or violent felony conviction under the Three Strikes law? (California, United States of America)
What is the test for a motion to strike or vacate a prior serious and/or violent felony conviction under the Three Strikes Act? (California, United States of America)
After striking two of three prior felony convictions alleged as strikes, can a judge strike again? (California, United States of America)
Is a defendant who has a history of serious and/or violent felony convictions a violation of the Three Strikes Act? (California, United States of America)
What is the test for determining whether a defendant has a history of serious and/or violent felony convictions under the Three Strikes scheme? (California, United States of America)
Is a defendant punished under section 667, subdivision (a) of the California Criminal Code because he was convicted of having committed a new serious felony after suffering a prior serious felony conviction? (California, United States of America)
What is the test for a motion for a defendant to be treated as if he had not previously been convicted of serious and/or violent felonies? (California, United States of America)
Under what circumstances can a judge strike or vacate a finding under the Three Strikes Act? (California, United States of America)
What is the test for determining whether a felon-in-possession conviction was for a serious or violent felony under the Three Strikes Reform Act? (California, United States of America)
In what circumstances will a defendant be treated as if he had not previously been convicted of serious and/or violent felonies? (California, United States of America)
