California, United States of America
The following excerpt is from People v. Barnes, A145937 (Cal. App. 2016):
Moreover, the Attorney General also points out correctly that with respect to the current petition, Barnes made no request that the trial court strike the prior convictions under section 1385. Therefore, the Attorney General argues that the issue has not been preserved. The failure to request the trial court to strike prior convictions waives or forfeits the right to do so on appeal. (People v. Carmony (2004) 33 Cal.4th 367, 375-376.) We agree with the Attorney General that the issue was not raised "by implication" in the petition submitted to the trial court, even though submitted in propria persona. There simply is no indication that the trial court gave any consideration to whether it had authority to strike the prior convictions, that it was asked to do so, or that it would have done so even if it had concluded that it had the authority to do so.
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