Supreme Court of California

The trial court's decision to strike a prior-conviction allegation, which would count as a strike under the Three Strikes law, due to insufficient evidence is reversed as a result of the trial court's abuse of its discretion where it based its decision to strike the allegation on a factor that is extraneous to the Three Strikes law.

Appellate Information

• Decided 07/26/2004
• Published 07/26/2004

Judges

• GEORGE, C.J.

Court

• Supreme Court of California

Counsel

• For Appellant:
  
•  Robert J. Kochly and Gary T. Yancey, District Attorneys, and Doug MacMaster, Deputy District Attorney, for Plaintiff and Appellant.


• For Appellees:
  
• William D. Farber, San Rafael, under appointment by the Supreme Court, for Defendant and Respondent.