How have courts treated a motion to strike a prior conviction under section 1385 of the Three Strikes Act?

Prior to sentencing, defendant filed a motion pursuant to People v. Superior Court (Romero) (1996) 13 Cal.4th 497 and requested that the court strike one of his two prior serious felony convictions. The court declined to do so. Defendant asserts the court abused its discretion because it considered only his record and not the individualized mitigating factors that applied. We disagree.

"[A] trial court's refusal or failure to dismiss or strike a prior conviction allegation under section 1385 is subject to review for abuse of discretion." (People v. Carmony (2004) 33 Cal.4th 367, 375.) "[A] trial court does not abuse its discretion unless its decision is so irrational or arbitrary that no reasonable person could agree with it." (Id. at p. 377.) In light of the strong presumption that a Three Strikes sentence conforms to the sentencing norms set forth in the statute, "a trial court will only abuse its discretion in failing to strike a prior felony conviction allegation in limited circumstances. For example, an abuse of discretion occurs where the trial court was not 'aware of its discretion' to dismiss [citation], or where the court considered impermissible factors in declining to dismiss [citation]." (Id. at p. 378.) Neither situation occurred here.