Three Strikes Law in California
 THE POWER OF THE COURT TO STRIKE A PRIOR CONVICTION

  In the case of People v. Romero, (1996) 13 Cal 4th 497, the California Supreme
Court considered whether the “Three Strikes” law stripped trial courts of the power to
strike serious or violent felony  convictions.  The Supreme Court found  the law did not
bar a trial judge from striking a prior conviction even if the prosecutor objects.  The
court ruled unequivocally  that California trial courts retain their Penal Code §1385
power to dismiss "Strike Priors"  in certain cases.  The District Attorney always
maintains the power to dismiss the case as well.

 Under California's three strikes law if a person has two or more convictions for any
serious or violent felony and subsequently gets arrested for any new felony, he or she
is now facing life in prison, regardless of whether the new felony case is a serious or
violent felony.  If the defendant has only one prior conviction for a serious or violent
felony and subsequently picks up a new felony of any kind, he is now facing a doubling
of his sentence if he is convicted on the new case.  

 When the Court strikes a prior it prevents that conviction from being used to enhance
or increase a person's sentence.  For example, if a defendant was looking at 6 years
in state prison due to a prior strike if the Court dismissed or "struck" the strike then the
defendant would only be looking at 3 years on the case.  Another example would be if
an individual was facing 25 years to life due to 2 or more strikes on his record, if the
Court granted a request to "strike" one or more of the priors then the person would no
longer be looking at a 25 year to life sentence.

 In People v. Bishop (1997) 56 Cal App 4th 1245 the court found there was no abuse
of discretion in dismissing two of the defendants three "Strike" priors even though the
defendant committed the current offense three days after being released from prison
and he had eight or nine prior felony convictions for which he spent terms in prison.  
The Court of Appeals found that the interest of justice justified the dismissal because:
1)  the defendant's "Strike" priors were all between 17 and 20 years old;  2)  the
defendant's age  (50);  3) the defendant was charged in  the current offense with a
relatively minor crime (theft of six video cassettes); and 4) the substantial current
sentence of 12 years in prison.

 Also instructive, is People v. Superior Court (Alvarez) (1997) 14 Cal 4th  968,
where the California Supreme Court decided trial judges had the power to reduce
wobblers to misdemeanors, even where so-called "Strike Priors" are alleged that would
normally make an  offense a second or third strike case.  The Alvarez court discussed
the factors appropriate for a trial court to consider in deciding whether to reduce a
wobbler.  The court stressed that in addition to considering public safety, trial courts
should weigh the individual characteristics of the defendant against the crime
committed.  

 Relying on other cases, the Appellate Court explained  the relevant factors for
reducing a felony to a misdemeanor include "the nature and circumstances of the
offense, the defendant’s appreciation of an attitude towards the offense, or his traits of
character as evidenced by his behavior and demeanor at the trial."  Moreover, the
Court rejected the position that a defendant's extensive record should always outweigh
all other considerations.  The Court found that the defendant did have a substantial
criminal history, however his priors were relatively old and had not involved violence,
and he had cooperated with police.  The trial Court expressly held that these factors
justified reduction of the wobbler to a misdemeanor in order to avoid the defendant
having to go through the Felony Process or suffer a conviction for a "Strike Prior".       

If you or a loved one have a 3 Strikes case pending in Long Beach or any other Los
Angeles Court call us for a free, honest assessment of the case.     

San Pedro Criminal Defense Lawyers  
Long Beach Law Office
444 West Ocean Avenue
Long Beach CA 90802