Thursday, May 29, 2008


In certain circumstance where the sentencing court finds that a second or third strike defendant falls outside the "spirit" of the 3-Strikes Law, the court may, either on motion of the prosecutor or on the court’s own motion, strike or dismiss one or more "strike" priors. This is done pursuant to the power vested in the courts since 1860 to dismiss all or part of an action for good cause and in furtherance of justice. The court must state on the record and include in the court minutes the facts which the court finds justify dismissing the prior. A decision to strike or dismiss a "strike" prior is appealable by the prosecution and reviewable by the Court of Appeal and the Supreme Court. The San Diego Public Defender’s Office is proud to have been the law firm which established this rule of law in the California Supreme Court in the first 3-Strikes case to be decided by the Supreme Court. (People v. Superior Court (Romero) (1996) 13 Cal.4th 497.)

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