California, United States of America
The following excerpt is from People v. Rodriguez, G054511 (Cal. App. 2018):
Rodriguez argues the court abused its discretion by denying his request to strike his serious prior felony conviction in the interest of justice. Specifically, he asserts the court did not give enough weight to the fact his prior convictions occurred before he was 23 years old. Pointing to section 3051 and People v. Franklin (2016) 63 Cal.4th 261, Rodriguez asserts there is now universal recognition the under 23-year-old brain is less culpable than the adult brain, and there is no evidence the court considered this aspect of his background in denying his request.
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