Is it an abuse of discretion to fail to strike one of two strike priors for robbery and carjacking?

California, United States of America


The following excerpt is from People v. Richson, F064839 (Cal. App. 2014):

Recently, the Third Appellate District addressed the same issue, namely, whether it was an abuse of discretion to fail to strike one of two strike priors for robbery and carjacking in People v. Scott (2009) 179 Cal.App.4th 920. That court expressed doubt as to the actual holding of People v. Burgos, explaining that case

Other Questions


What is the abuse of discretion standard for a review of a decision to strike or not to strike a prior conviction under section 1385 of the Criminal Code? (California, United States of America)
Is a motion to strike a prior strike reviewed for abuse of discretion? (California, United States of America)
What is the test for "abuse of discretion" in cases involving abuse of discretion? (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 a motion to dismiss one or both of appellant's prior strike convictions, can appellant appeal against the finding that the trial court abused its discretion in denying the motion? (California, United States of America)
Does a codefendant's sentence under the Three Strikes Act have to be considered extrinsic to the trial court's exercise of its limited discretion to strike a prior conviction? (California, United States of America)
Is a motion to dismiss a prior strike conviction reviewed for abuse of discretion? (California, United States of America)
Can a court strike or dismiss a prior conviction for abuse of discretion? (California, United States of America)
What is the test for abuse of discretion in determining whether a judge abused discretion in finding that a plaintiff's photographs were prejudicial? (California, United States of America)
Does a restitution order for abuse of discretion constitute an abuse of the court's discretion? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.