People v. Cunningham
California Court of Appeal
[Opinion certified for partial publication.*]
1Opinion of the Court
Opinion
SIMS, J.
The District Attorney of Sacramento filed a criminal complaint charging defendant Samuel Lee Cunningham with violation of Penal Code section 666 (petty theft with a prior), a felony, committed on or about February 28, 1995. The complaint also alleged a prior “strike” under the “three strikes” law (§§ 667, 1170.12), to wit, a residential burglary conviction sustained on April 21, 1988.
Defendant moved the magistrate to strike the prior offense allegation pursuant to section 1385. The magistrate denied the motion to strike, concluding he had no discretion to strike under the three…
2Cases cited9 opinions
- People v. Superior Court (Romero)California Supreme Court · 1996
- People v. ArbuckleCalifornia Supreme Court · 1978
- People v. CollinsCalifornia Supreme Court · 1978
- People v. MartinCalifornia Supreme Court · 1986
- People v. AmesCalifornia Court of Appeal · 1989
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