Does the Attorney General have any authority to strike a prior conviction for Three Strikes?

California, United States of America


The following excerpt is from People v. Israel, B252966 (Cal. App. 2015):

2. The Attorney General asserts the trial court was prohibited from striking Israel's prior conviction for Three Strikes purposes because the jury returned a recidivist sexual offender finding. Not so. Although a Three Strikes sentence may be imposed in addition to a sentence under section 667.71, the trial court still has discretion to grant Romero relief. (People v. Snow (2003) 105 Cal.App.4th 271, 283 [after choosing to apply either section 667.61 or section 667.71, trial court "also has the discretion under section 1385" to grant Romero motion]; see also People v. Hammer (2003) 30 Cal.4th 756, 771 [where trial court properly imposed sentence under section 667.61, it still needed to exercise its Romero discretion].)

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