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Criminal,
California Supreme Court

Aug. 5, 2025

Guerrero dissents as Supreme Court reinstates trial judge's Three Strikes authority

In a 6-1 decision written by Justice Leondra Kruger, the California Supreme Court reversed a 1st District Court of Appeal ruling that had directed a trial judge to double a defendant's sentence. The high court ruled that sentencing discretion, including whether to dismiss a strike, rests with the trial court.

In a decision that drew a rare dissent from Chief Justice Patricia Guerrero, the state Supreme Court on Monday reversed a 1st District Court of Appeal ruling that had ordered a trial judge to double the sentence of a man convicted of home invasion robbery based on a prior strike conviction.

The appellate court concluded that Sonoma County Superior Court Judge Bradford J. DeMeo abused his discretion in granting Yacob Dawit Dain's Romero motion to eliminate a strike du...

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