Does a codefendant's sentence under the Three Strikes Act have to be considered extrinsic to the trial court's exercise of its limited discretion to strike a prior conviction?

California, United States of America


The following excerpt is from The People v. Broughton, H035197, No. CC93231 (Cal. App. 2010):

However, in general, a codefendant's sentence is extrinsic to the trial court's exercise of its limited discretion to strike a prior conviction under the Three Strikes law. Instead, the court looks " 'within the scheme in question, as informed by generally applicable sentencing principles....' [Citation.]... '[N]o weight whatsoever may be given to factors extrinsic to the [Three Strikes] scheme' and... 'the court in question must consider whether, in light of the nature and circumstances of his present felonies and prior serious and/or violent felony convictions, and the particulars of his background, character, and prospects, the defendant may be 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. Wallace (2004) 33 Cal.4th 738, 747-748.) The court did not err in this regard, either.

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