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PEOPLE v. GARCIA

No. S069783.

85 Cal.Rptr.2d 280 (1999)

976 P.2d 831

20 Cal.4th 490

The PEOPLE, Plaintiff and Respondent, v. Jerry GARCIA, Defendant and Appellant.

Supreme Court of California.

As Modified on Denial of Rehearing July 21, 1999.

As Modified August 11, 1999.

Attorney(s) appearing for the Case

Robert Navarro, under appointment by the Supreme Court, Cloverdale, for Defendant and Appellant.

Daniel E. Lungren and Bill Lockyer, Attorneys General, George Williamson, Chief Assistant Attorney General, Carol Wendelin Pollack, Assistant Attorney General, Sanjay T. Kumar, Kenneth C. Byrne, Pamela C. Hamanaka and Alene M. Games, Deputy Attorneys General, for Plaintiff and Respondent.

CHIN, J.

In this case, we consider whether a trial court, when applying the "Three Strikes" law (Pen.Code, §§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d))1 may exercise its discretion under section 1385, subdivision (a), so as to dismiss a prior conviction allegation with respect to one count but not another. We conclude that a court may exercise its discretion in this way and that the trial court did not abuse its discretion...

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