What is the test for deferential abuse of standard when a trial court fails to strike or dismiss a prior conviction allegation?
California, United States of America
The following excerpt is from People v. Jackson, F073375 (Cal. App. 2018):
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
Page 16
367, 375.) "'Discretion is the power to make the decision, one way or the other.' [Citation.]" (Ibid.)
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