What is the effect of section 667(f)(2) of the Virginia Criminal Code Act on a motion to strike or dismiss an allegation of sexual assault?

The theme of subjecting certain prosecutorial decisions to judicial oversight continues in the next sentence of section 667(f)(2): "If upon the satisfaction of the court that there is insufficient evidence to prove the prior felony conviction, the court may dismiss or strike the allegation." The evident purpose of this language is to require the court, before granting the prosecutor's motion to strike for insufficient evidence, to satisfy itself that the evidence truly is insufficient. There was no need to include language empowering the court to dismiss, on its own motion, factually unsupported allegations. A statute cannot constitutionally force a court to impose criminal sanctions based on insufficient evidence. (See Jackson v. Virginia (1979) 443 U.S. 307, 313-316, 99 S.Ct. 2781, 2785-2787, 61 L.Ed.2d 560; cf. In re Winship (1970) 397 U.S. 358, 361-364, 90 S.Ct. 1068, 1070-1073, 25 L.Ed.2d 368.)