Appeals Court Holds, in Ruling on a Romero Motion, that There Is No Automatic Dismissal for Strikes Arising from Same Act.

A judge’s discretion must always be considered as an ability to make the right decision when the law is not entirely clear on the issue.  It is a judge’s power to make rulings according to what is logical or “the right thing to do” when no other statute or case instructs otherwise.  In the case of “striking a strike” for purposes of sentencing, there is nothing to bind a judge to dismissing all or no strikes from a prior act with multiple strikes involved.  In other words, the judge has discretion to strike one strike and not another, as paradoxically as this may seem, as the link to the attached case summary explains.

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