California, United States of America
The following excerpt is from People v. Vizcarra, 186 Cal.Rptr.3d 637, 236 Cal.App.4th 422 (Cal. App. 2015):
8 In a footnote we explained that [a] trial court may dismiss prior felony conviction allegations in cases prosecuted under the Three Strikes law when dismissal is in furtherance of justice. ( 1385, subd. (a); see [Romero, supra, ] 13 Cal.4th [at pp.] 529530 [53 Cal.Rptr.2d 789, 917 P.2d 628].) In deciding whether to dismiss prior conviction allegations, the court must consider 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 [69 Cal.Rptr.2d 917, 948 P.2d 429].)
8 In a footnote we explained that [a] trial court may dismiss prior felony conviction allegations in cases prosecuted under the Three Strikes law when dismissal is in furtherance of justice. ( 1385, subd. (a); see [Romero, supra, ] 13 Cal.4th [at pp.] 529530 [53 Cal.Rptr.2d 789, 917 P.2d 628].) In deciding whether to dismiss prior conviction allegations, the court must consider 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 [69 Cal.Rptr.2d 917, 948 P.2d 429].)
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