Thornton

This case comes to us a second time, on this occasion, following the trial court’s granting of George Lewis Thornton’s motion to dismiss two of his three “strike” priors pursuant to Penal Code section 1385. We agree with the People that the trial court abused its discretion in so ruling. Therefore, we reverse the trial court’s order dismissing two of the strikes and remand the matter to permit the trial court to reconsider its ruling, if it wishes. If not, Thornton must be resentenced.

Issue and Discussion

a. Thornton’s Background and the Circumstances of the Prior and Present Crimes

Thornton completed the 11th grade and obtained vocational training in refrigeration and air-conditioning repair. As of October 1988, he had been employed for five months as a laborer with a moving company, but was no longer working. At that time, he denied he had any addictions.

Thornton’s life of crime began when he was 22 and was convicted of either petty theft, or theft as a misdemeanor, for which he received summary probation and local time. A little over two months later, he committed the misdemeanor of resisting/obstructing an officer, for which he received jail time. Later that…