What is the test for a motion to strike a prior felony conviction in the furtherance of justice pursuant to section 1385 of the Three Strikes law?

California, United States of America


The following excerpt is from People v. Delossantos, B298362 (Cal. App. 2020):

A trial court has discretion to strike a prior felony conviction in the furtherance of justice pursuant to section 1385, subdivision (a). (Romero, supra, 13 Cal.4th 497, 530.) When considering whether to grant a Romero motion, a trial court must consider the nature and circumstances of a defendant's present felonies and prior serious and/or violent felony convictions, and the particulars of his background, character, and prospects, and then determine whether the defendant may be deemed outside the spirit of the Three Strikes law, in whole or in part, and hence should be treated as though he had not previously been convicted of one or more serious and/or violent felonies. (Romero, supra, at p. 531.) A trial court's denial of a Romero motion must be affirmed unless we conclude there was an abuse of discretion. (People v. Carrasco (2008) 163 Cal.App.4th 978, 992-993.) We will not reverse unless the trial court exercised its discretion in an arbitrary, capricious, or patently absurd manner that resulted in a manifest miscarriage of justice. (People v. Hajek and Vo (2014) 58 Cal.4th 1144, 1206.)

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D. Analysis.

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