Bishop
People v. Bishop
Opinion
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 theft-related conviction that resulted in incarceration. (Pen. Code, § 666; all further undesignated section references are to the Penal Code.) The information further alleged that he had sustained eight prior convictions (later reduced to six) for which he had served prison terms (§ 667.5, subd. (b)) and three prior convictions within the meaning of the three strikes law (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)).
Before the start of trial, Bishop requested that the court exercise its discretion to dismiss two of his strikes “in furtherance of justice” under section 1385, subdivision (a). He…