California, United States of America
The following excerpt is from People v. Hostia, H044841 (Cal. App. 2019):
On January 20, 2017, defendant filed a motion requesting that the trial court exercise its discretion to reduce his conviction for possession of a controlled substance to a misdemeanor under section 17 and dismiss his prior strike conviction in the interests of justice under section 1385 and People v. Superior Court (Romero) (1996) 13 Cal.4th 497. The court denied both motions.3 The court, however, struck one of defendant's prior prison terms ( 667.5) pursuant to section 1385. Thereafter, the court sentenced defendant to a total term of 32 months in prison.
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