People v. Cunningham CA4/3

DISCUSSION

Cunningham contends the trial court abused its discretion when it refused to dismiss the prior conviction allegation. We disagree. 1. Applicable Legal Principles “Under section 1385, subdivision (a), a ‘judge . . . may, either of his or her own motion or upon the application of the prosecuting attorney, and in furtherance of justice, order an action to be dismissed.’ ‘In Romero, [supra, 13 Cal.4th 497,] [the

All further statutory references are to the Penal Code.

2 Supreme Court] held that a trial court may strike or vacate an allegation or finding under the Three Strikes law that a defendant has previously been convicted of a serious and/or violent felony, on its own motion, “in furtherance of justice” pursuant to . . . section 1385[, subdivision] (a).’ [Citation.]” (People v. Carmony (2004) 33 Cal.4th 367, 373 (Carmony).) Case law carefully circumscribes a sentencing court’s ability to dismiss a prior conviction allegation. In Carmony, supra, 33 Cal.4th 367, the high court explained “‘the Three Strikes law . . . establishes a sentencing requirement to be applied in every case where the defendant has at least one qualifying strike, unless the…