Does a judge have discretion to strike the prior serious felony conviction enhancement at the time of a resentencing?
California, United States of America
The following excerpt is from People v. Rivera, F076510 (Cal. App. 2020):
retroactively to nonfinal judgments. (People v. Stamps (June 25, 2020, S255843) ___ Cal.5th ___, ___ [2020 Cal. LEXIS 3974, *15].) Therefore, at the time of resentencing, the trial court shall consider whether to exercise its discretion to strike the prior serious felony conviction enhancement.7
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