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PEOPLE v. FRITZ

Docket No. Crim. 23838.

40 Cal.3d 227 (1985)

707 P.2d 833

219 Cal. Rptr. 460

THE PEOPLE, Plaintiff and Respondent, v. ROBERT CLIFFORD FRITZ, JR., Defendant and Appellant.

Supreme Court of California.

October 28, 1985.

Attorney(s) appearing for the Case

COUNSEL

Myra A. Weiher, under appointment by the Supreme Court, for Defendant and Appellant.

John K. Van de Kamp, Attorney General, Ann K. Jensen and Martin S. Kaye, Deputy Attorneys General, for Plaintiff and Respondent.

Thomas W. Sneddon, Jr., District Attorney (Santa Barbara), Gerald McC. Franklin, Senior Deputy District Attorney, and Christopher N. Heard as Amici Curiae on behalf of Plaintiff and Respondent.

OPINION

KAUS, J.*

The sole question presented in this case is whether a trial court, in sentencing a defendant who has previously been convicted of a "serious felony" within the meaning of Penal Code section 667,1 retains discretion to strike the prior conviction in furtherance of justice under section 1385. The Courts of Appeal have...

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