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PEOPLE v. BENEVIDES

No. F026960.

75 Cal.Rptr.2d 388 (1998)

64 Cal.App.4th 728

The PEOPLE, Plaintiff and Respondent, v. Rudy BENEVIDES, Defendant and Appellant.

Court of Appeals of California, Fifth District.

As Modified on Denial of Rehearing June 25, 1998.

Review Denied September 2, 1998.

Attorney(s) appearing for the Case

A.M. Weisman, under appointment by the Court of Appeal, Diamond Bar, for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Robert R. Anderson, Assistant Attorney General, Shirley A Nelson and Judy Kaida, Deputy Attorneys General, for Plaintiff and Respondent.

Certified for Partial Publication*

OPINION

WISEMAN, Associate Justice.

In the published portion of this Three Strikes case we address whether an appellate court has the authority to review a trial court's decision to not exercise its Penal Code section 13851 discretion to dismiss or strike a prior conviction on its own motion in the interests of justice. As will be discussed, a defendant has...

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