Does section 1385 of the California Criminal Code apply to a defendant who has a history of violent crime?

California, United States of America


The following excerpt is from People v. Conriquez, A153477 (Cal. App. 2019):

We agree. In denying the Romero motion, the court considered section 1385, e.g., "whether, in light of the nature and circumstances of [defendant's] 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. Williams (1998) 17 Cal.4th 148, 161.)

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