People v. Sanders
California Court of Appeal
[Opinion certified for partial publication.*]
1Opinion of the Court
*177Opinion
GILBERT, J.
In this “Three Strikes” case, the defendant moved the trial court to strike his prior serious felony convictions. The trial court stated that it did not have the discretion to do so under Penal Code1 section 1385. Here we hold, among other things, the case must be remanded for sentencing pursuant to People v. Superior Court (Romero) (1996) 13 Cal.4th 497 [53 Cal.Rptr.2d 789, 917 P.2d 628], because the trial court misunderstood its discretionary power to dismiss the priors under section 1385.
Michael J. Sanders appeals from the judgment entered following a jury trial in which…
2Cases cited7 opinions
- People v. Superior Court (Romero)California Supreme Court · 1996
- People v. GutierrezCalifornia Court of Appeal · 1996
- People v. DavisCalifornia Court of Appeal · 1996
- People v. SotomayorCalifornia Court of Appeal · 1996
- People v. DeGuzmanCalifornia Court of Appeal · 1996
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3Cited by8 opinions
- People v. FuhrmanCalifornia Supreme Court · 1997
- People v. GambleCalifornia Court of Appeal · 2008
- People v. FuhrmanCalifornia Supreme Court · 1997
- People v. FuhrmanCalifornia Supreme Court · 1997
- People v. SandersCalifornia Court of Appeal · 1997
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