Legal Opinion

People v. Superior Court (Romero)

California Supreme Court

Decided June 20, 1996No. S045097PublishedCited by 1,169 opinions

1Opinion of the Court

*504Opinion

WERDEGAR, J.

Penal Code section 1385, subdivision (a), authorizes a trial court to dismiss a criminal action “in furtherance of justice” on its own motion. (All further statutory citations are to the Penal Code except as noted.) We have held that the power to dismiss an action includes the lesser power to strike factual allegations relevant to sentencing, such as the allegation that a defendant has prior felony convictions. (People v. Thomas (1992) 4 Cal.4th 206, 209-210 [14 Cal.Rptr.2d 174, 841 P.2d 159]; People v. Burke (1956) 47 Cal.2d 45, 50-51 [301 P.2d 241].) This case raises the…

2Cases cited42 opinions

  1. Jackson v. VirginiaSupreme Court of the United States · 1979
  2. In Re WINSHIPSupreme Court of the United States · 1970
  3. Crowell v. BensonSupreme Court of the United States · 1932
  4. United States v. BassSupreme Court of the United States · 1971
  5. In Re EstradaCalifornia Supreme Court · 1965

37 more not listed; retrieve them via the Exa API.

3Cited by1,169 opinions

  1. Ewing v. CaliforniaSupreme Court of the United States · 2003
  2. People v. WilliamsCalifornia Supreme Court · 1998
  3. People v. CarmonyCalifornia Supreme Court · 2004
  4. People v. AlvarezCalifornia Supreme Court · 1996
  5. State v. ThorneWashington Supreme Court · 1996

1,164 more not listed; retrieve them via the Exa API.

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