## Facts

- Jose Romero was prosecuted for a current felony drug offense.
- The prosecution alleged two prior serious or violent felony convictions as “strikes” under Penal Code §§ 667(b)–(i) and 1170.12, which would require an indeterminate term (including 25 years to life if two strikes applied).
- Acting on its own motion, the trial court dismissed (struck) one or more prior serious-felony conviction allegations under Penal Code § 1385(a) “in furtherance of justice.”
- The dismissal prevented mandatory Three Strikes sentencing and resulted in a lower determinate sentence.
- The People appealed, arguing the Three Strikes law eliminated the trial court’s authority to strike prior-strike allegations under § 1385.

## Issues

1. Whether a trial court retains authority under Penal Code § 1385(a), on its own motion and in furtherance of justice, to dismiss prior serious- or violent-felony conviction allegations in a Three Strikes prosecution.
2. Whether the Three Strikes statutes impliedly repealed or limited § 1385 with respect to dismissing strike-prior allegations.

## Decision

- The California Supreme Court held that trial courts retain authority under Penal Code § 1385(a) to dismiss (strike) prior serious- or violent-felony conviction allegations in Three Strikes cases, including on the court’s own motion.
- The Court concluded the Three Strikes statutory scheme did not expressly or impliedly withdraw § 1385 authority over prior-conviction allegations.
- The Court distinguished striking an allegation for sentencing purposes from vacating or nullifying the underlying prior conviction.
- The Court emphasized § 1385 discretion must be exercised “in furtherance of justice,” requiring a reasoned decision that accounts for the defendant’s interests and society’s interests.

## Legal Principles

- Repeal by implication is disfavored; absent clear and irreconcilable conflict or explicit statutory withdrawal, Penal Code § 1385 remains available alongside later-enacted sentencing schemes.
- Penal Code § 1385(a) permits a court, on its own motion, to dismiss an action or allegation in furtherance of justice; this includes dismissal of prior-conviction allegations used to trigger Three Strikes sentencing.
- Striking a prior-conviction allegation under § 1385 affects only its use for sentencing in the current case and does not erase the fact of the prior conviction.
- In deciding whether to strike a strike prior, a court must act non-arbitrarily and consider the nature and circumstances of the current offense, the prior serious/violent felonies, and the defendant’s background, character, and prospects.

## Conclusion

The California Supreme Court confirmed that Penal Code § 1385 authorizes trial courts to strike prior serious- or violent-felony conviction allegations in Three Strikes cases in furtherance of justice, preserving limited judicial sentencing discretion within the Three Strikes framework.


People v. Superior Court (Romero), 13 Cal. 4th 497 (Cal. 1996)