Is a judge's failure to strike a recidivist finding an abuse of discretion?
California, United States of America
The following excerpt is from The People v. Marshall, C061193, No. 07F01680 (Cal. App. 2010):
degree does not mean that we can say the trial court's decision was unreasonable. (Compare People v. Cluff (2 001) 87 Cal.App.4th 991, 994, 1004 [suggesting failure to strike recidivist finding is an abuse of discretion where present offense is only a technical failure to update offender registration with duplicative data].) We therefore reject his argument.
The judgment is affirmed.
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