NCJ Number
164295
Journal
California Judges Association Case and Commentary Volume: 35 Issue: 6 Dated: (June 1996) Pages: complete issue
Editor(s)
N L Epstein
Date Published
1996
Length
8 pages
Annotation
California's Supreme Court recently decided that trial judges have the authority to dismiss prior conviction allegations in three strikes cases.
Abstract
The particular case involved an individual who had four felony convictions, two of which were for serious felonies. His most recent crime was possession of 0.13 grams of cocaine base. The prosecutor argued that the crime represented a third strike, triggering a judicial obligation to impose the statutory penalty of 25 years to life. The trial judge thought that was too great a punishment and felt the statutory version of California's three- strikes law limited his discretion to strike a prior conviction and was thus an unconstitutional violation of the separation of powers principle. The judge struck both prior serious felonies and sentenced the individual to a 6-year term. The Court of Appeal granted the prosecutor's writ and held the trial court was bound to impose the life term. The California Supreme Court granted a review of the case and ruled that trial judges can dismiss prior conviction allegations in the interest of justice. Details of the case are examined with respect to the constitutional issue of separation of powers, prosecutorial arguments, and the exercise of judicial discretion.