What is the abuse of a court's decision not to dismiss a Three Strikes allegation?

MultiRegion, United States of America

The following excerpt is from People v. Vargas, 142 Cal.Rptr.3d 238 (2nd Cir. 2012):

We review the trial court's decision under the abuse of discretion standard. (People v. Carrasco (2008) 163 Cal.App.4th 978, 992993, 77 Cal.Rptr.3d 912.) A trial court abuses its discretion when it refuses to dismiss because of personal antipathy for the defendant while ignoring her background, the nature of her present offenses, and other individualized considerations. When determining whether to dismiss a Three Strikes allegation, the trial court must consider whether, in light of the nature and circumstances of her present felonies and prior serious or violent felony convictions, along with the particulars of her character, background, and prospects, the defendant may be deemed to be outside the Three Strikes scheme in whole or in part. (Id. at p. 993, 77 Cal.Rptr.3d 912.)

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