How have courts dealt with a motion to dismiss two prior convictions for assault with a deadly weapon?
California, United States of America
The following excerpt is from People v. Wright, B277766 (Cal. App. 2017):
Appellant moved to dismiss these prior convictions under Penal Code section 1385 and People v. Superior Court (Romero) (1996) 13 Cal.4th 497. The trial court exercised its discretion to dismiss one, but not both. Appellant pled no contest to assault with a deadly weapon, admitted the prior strike, and received a second-strike sentence of nine years in state prison.
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