People v. Bishop

Opinion

MASTERSON, J.

The discretionary decision whether to dismiss a “strike” in furtherance of justice requires consideration of the legitimate interests of society and of the defendant. Appellate review of that decision is limited. In this opinion, we reject the People’s argument that the trial court abused this discretion by failing to give the proper weight to “aggravating factors” as balanced against factors favoring leniency. Accordingly, we affirm an order dismissing strikes in furtherance of justice.

Background

Leland Clark Bishop was charged by information with petty theft with a prior…