P. v. Budinich
Defendant appeals from the judgment entered following his convictions by jury on count 1- possession of methamphetamine and count 2 - possession of a smoking device, having suffered a prior felony conviction, and two prior felony convictions for which he served separate prison terms. The court sentenced him to prison for six years.
In this case, the court held that the trial court properly refused to strike appellant’s Three Strikes law prior felony conviction. In light of the nature and circumstances of appellant’s current felony offense and the qualifying prior conviction (a 1993 conviction for involuntary manslaughter), and in light of the particulars of his background, character, and prospects, appellant cannot be deemed outside the spirit of the Three Strikes law as to the prior conviction. Therefore, the trial court did not abuse its discretion by refusing to strike the prior conviction.
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