What is the test for a motion to dismiss or strike a conviction for making a criminal threat?

Appellant asserts that the trial court abused its discretion in denying his motion pursuant to People v. Superior Court (Romero) (1996) 13 Cal.4th 497 (Romero). In that motion, appellant sought to strike his 2005 conviction for making a criminal threat ( 422, subd. (a)).¹⁴ He also contends that his resulting sentence represents cruel and unusual punishment under the federal Constitution. He requests that this matter be remanded for a new sentencing hearing.

We review under the deferential abuse of discretion standard a trial court's failure to dismiss or strike a prior conviction allegation. (People v. Carmony (2004) 33 Cal.4th 367, 375.)