What is the test for a motion to strike or vacate a prior serious and/or violent felony conviction under the Three Strikes Act?

California, United States of America


The following excerpt is from People v. Moss, E072267 (Cal. App. 2020):

Even had the trial court entertained defendant's Romero motion, there is no reasonable probability that defendant would have received a more favorable outcome. (People v. Mungia, supra, 44 Cal.4th at p. 1118-1119.) "[I]n ruling whether to strike or vacate a prior serious and/or violent felony conviction allegation or finding under the Three Strikes law, on its own motion, 'in furtherance of justice' pursuant to Penal Code section 1385(a), or in reviewing such a ruling, the court in question must consider

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whether, in light of the nature and circumstances of his present felonies and prior serious and/or violent felony convictions, and the particulars of his background, character, and prospects, the defendant may be deemed outside the scheme's spirit, 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." (People v. Williams (1998) 17 Cal.4th 148, 161.)

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