In a motion to strike a serious prior felony conviction in the interest of justice, how have the courts treated prior criminal convictions in the context of the application?

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.

Other Questions


Is a defendant punished under section 667, subdivision (a) of the California Criminal Code because he was convicted of having committed a new serious felony after suffering a prior serious felony conviction? (California, United States of America)
How have courts treated a motion to strike one or more of a defendant's prior strike convictions? (California, United States of America)
How have courts treated a motion to strike a serious felony conviction on the grounds of improper use of power? (California, United States of America)
What factors will be considered by the Court on a motion to strike or vacate a prior serious and/or violent felony conviction? (California, United States of America)
How have courts treated a motion to strike a prior conviction under section 1385 of the Three Strikes Act? (California, United States of America)
What factors will be considered by the Court on a motion to strike or vacate a prior serious and/or violent felony conviction? (California, United States of America)
What is the basis for a motion to reverse the denial of defendant's motion to strike a prior serious or violent felony conviction under section 1385? (California, United States of America)
Can a judge strike a criminal conviction for a prior felony conviction under section 1385(a) of the California Criminal Code? (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)
What factors will the Court consider in its ruling on a motion to strike or vacate a prior serious and/or violent felony conviction? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.