What is the test for determining whether a defendant falls within the Three Strikes scheme?

because, for articulable reasons which can withstand scrutiny for abuse, this defendant should be treated as though he actually fell outside the Three Strikes scheme."'" (People v. Carmony (2004) 33 Cal.4th 367, 377, italics added.) Stringent standards govern a determination that a defendant falls outside the spirit of the Three Strikes law. (Ibid.) Given this distinction and the court's initial statement that it was inclined to grant the Romero motion, I am not persuaded the denial of the motion in this case constitutes a sufficiently clear indication of what the trial court might do on remand when considering whether to exercise discretion it lacked under the law at the time of the original sentencing. (People v. Gutierrez, supra, 58 Cal.4th at p. 1391.)