What is the test for abuse of discretion when a trial court refuses to dismiss or vacate a prior strike allegation or finding?
California, United States of America
The following excerpt is from People v. Kerns, F066227 (Cal. App. 2014):
We review for abuse of discretion a trial court's decision not to dismiss or vacate a prior strike conviction allegation or finding. (People v. Carmony (2004) 33 Cal.4th 367, 374.) If, however, "the record affirmatively discloses that the trial court misunderstood the scope of its discretion, remand to the trial court is required to permit that court to impose sentence with full awareness of its discretion ...." (People v. Fuhrman (1997) 16 Cal.4th 930, 944.)
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