How have courts dealt with a motion to dismiss a prior felony conviction under the Three Strikes law?
California, United States of America
The following excerpt is from People v. Fuson, H043336 (Cal. App. 2016):
By written request, defendant asked the trial court to dismiss her prior felony conviction within the meaning of Three Strikes law in the interests of justice. (See 1385, People v. Superior Court (Romero) (1996) 13 Cal.4th 497, 529-530.) On July 17, 2009, the trial court granted the motion.2 The trial court suspended imposition of sentence and placed defendant on three years of formal probation.
Page 3
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In a motion to strike a serious prior felony conviction in the interest of justice, how have the courts treated prior criminal convictions in the context of the application? (California, United States of America)
What is the legal test for dismissing or striking prior felony conviction allegations in cases brought under the "Three Strikes" law? (California, United States of America)
When will a court strike or vacate a prior serious and/or violent felony conviction under the Three Strikes law? (California, United States of America)
In a motion to dismiss a conviction for a prior felony conviction for failing to complete probation, what is the burden on the court? (California, United States of America)
Is a court's decision not to dismiss a prior "strike" conviction under the Three Strikes law subject to review? (California, United States of America)
What is the test for a motion to appeal a trial court's failure to dismiss or strike a prior felony conviction allegation? (California, United States of America)
In what circumstances will the trial court deny defendant's motion to strike a prior conviction under the Three Strikes Act? (California, United States of America)
Does a prior juvenile conviction constitute a prior felony conviction for "Three Strikes" purposes? (California, United States of America)
In a motion to dismiss one or both of appellant's prior strike convictions, can appellant appeal against the finding that the trial court abused its discretion in denying the motion? (California, United States of America)
How have courts treated a motion to strike a prior conviction under section 1385 of the Three Strikes Act? (California, United States of America)
