People v. Fritz

Opinion

KAUS, J.*

The sole question presented in this case is whether a trial court, in sentencing a defendant who has previously been convicted of a *229“serious felony” within the meaning of Penal Code section 667,1 retains discretion to strike the prior conviction in furtherance of justice under section 1385. The Courts of Appeal have reached differing conclusions on this issue, and we granted a hearing to resolve the conflict. As we shall explain, we have concluded that on the authority of People v. Williams (1981) 30 Cal.3d 470 [179 Cal.Rptr. 443, 637 P.2d 1039], the applicable statutory and…