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Nor would a court act properly if `guided solely by a personal antipathy for the effect that the three strikes law would have on [a] defendant,'while ignoring `defendant's background,'`the nature of his present offenses,'and other `individualized considerations
In deciding whether to dismiss prior convictions under section 1385, subdivision (a), the trial court must consider the defendant's background, the nature of his current offense and other individualized considerations
- in People v. Molinari, 2009 and 6 similar citations
—discretionary sentencing determination "can be properly made only when the sentencing court focuses on considerations that are pertinent to the specific defendant being sentenced, not an aversion to a particular statutory scheme
- in People v. Juarez, 2004 and 4 similar citations
In Dent, the appellate court concluded the trial court abused its discretion by electing a misdemeanor sentence for a wobbler offense solely to avoid the effects of the three strikes law
- in People v. Edwards, 2010 and 3 similar citations
Our conclusion is also not inconsistent with those opinions which have held that the three strikes law does not abrogate the trial court's discretion under section 17, subdivision (b), to sentence a "wobbler" as a misdemeanor or as a felony
- in People v. Franklin, 1997 and one similar citation
"Although the court was aware of defendant's background and the nature of his present offenses, these individualized considerations were shunted into the background in an effort to avoid the court's otherwise clear expression that a felony sentence was appropriate
- in People v. Superior Court (Alvarez), 1997 and one similar citation
Although "a reasoned consideration of defendant's background and circumstances would [not] preclude the determination that his offenses were misdemeanors," the record must demonstrate such "reasoned consideration
- in People v. Superior Court (Alvarez), 1997 and one similar citation
The decision whether to reduce a felony to a misdemeanor is dependent on facts specific to the particular defendant being sentenced, including a "reasoned consideration of [the] defendant's background and circumstances
- in People v. Brooks, 2011 and 2 similar citations
From the record before this Court, it is clear that the trial judge was aware of the severity of the sentence, but that he also realized that he could not merely strike the prior convictions simply because he did not agree with the length of the sentence.
- in Bonilla v. Knowles, 2007 and 2 similar citations

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