How have courts treated a motion to strike one or more of a defendant's prior strike convictions?
California, United States of America
The following excerpt is from People v. Benavidez, C058378 (Cal. App. 8/18/2009), C058378 (Cal. App. 2009):
Pursuant to People v. Superior Court (Romero) (1996) 13 Cal.4th 497 (Romero), defendant moved the court to strike his prior strike conviction and all of his other felony convictions. The court denied the motion. After recounting defendant's lengthy criminal history, listening to several witnesses supporting defendant and to his counsel's argument, the court denied the motion. Defendant contends the denial was an abuse of discretion. We do not agree.
In considering whether to grant a defendant's motion to strike one or more of his prior strike convictions, the trial "must consider whether, in light of the nature and circumstances of his present felonies and prior serious and/or violent felony convictions, and the particulars of his background, character, and prospects, the defendant may be deemed outside the ["Three Strikes"] spirit, in whole or in part, and hence should be treated as though he had not previously been convicted of one or more serious and/or violent felonies." (People v. Williams (1998) 17 Cal.4th 148, 161.)
Defendant's criminal history consists of the following:
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