People v. Garcia

Opinion

CHIN, J.

In this case, we consider whether a trial court, when applying the “Three Strikes” law (Pen. Code, §§667, subds. (b)-(i), 1170.12, subds. (a)-(d))1 may exercise its discretion under section 1385, subdivision (a), so as to dismiss a prior conviction allegation with respect to one count but not *493another. We conclude that a court may exercise its discretion in this way and that the trial court did not abuse its discretion in doing so here. Accordingly, we reverse the judgment of the Court of Appeal.

Factual and Procedural Background

On June 19, 1996, Barbara Gantt left her home…