How have the courts dealt with a prior strike and possession for sale allegations?

California, United States of America


The following excerpt is from People v. Owens, H043339 (Cal. App. 2018):

The case proceeded to trial; a jury found defendant guilty of grand theft but could not reach a verdict regarding the possession for sale count, leading the court to declare a mistrial as to that count. As part of a negotiated disposition after trial, defendant pleaded no contest to the possession for sale count; he also admitted the prior strike conviction and prior possession for sale conviction allegations after waiving a jury trial on those allegations; and the prosecutor agreed to move to dismiss the Penal Code section 1203.07, subdivision (a)(11) allegation that would have made defendant ineligible for probation. The parties later agreed to allow defendant to withdraw his admission to the prior possession for sale conviction in order to maintain defendant's probation eligibility. The court granted defendant's motion to strike the prior strike conviction (People v. Superior Court (Romero) (1996) 13 Cal.4th 497), suspended imposition of sentence, and placed defendant on three years' formal probation.

Other Questions


Does Section 667 of the Three Strikes Act bar the trial court from dismissing a prior strike allegation? (California, United States of America)
What is the test for reviewing a trial court's failure to strike or strike a prior conviction allegation? (California, United States of America)
After striking two of three prior felony convictions alleged as strikes, can a judge strike again? (California, United States of America)
How have courts dealt with allegations that a minor was in possession of heroin? (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)
In what circumstances have courts considered prior strikes by a defendant prior to his conviction? (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)
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)
Can a court dismiss a prior strike allegation under section 1385 for abuse of discretion? (California, United States of America)
In what circumstances will a court change the charge of simple possession of marijuana to the charged offense of possession of possession for sale? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.