California Supreme Court July 8, 2004, No. S115090 (People v. Carmony)

MORENO, J., Concurring.

In this case, the majority holds that the trial court’s decision not to dismiss a strike against a defendant pursuant to Penal Code section 1385, subdivision (a) is reviewable under an abuse of discretion standard, and that the trial court in this case did not abuse its discretion in refusing to dismiss any strikes.