In P. v. S.J., sheriff’s deputies, while chasing the defendant, observed him throw a handgun from his waistband into somebody’s yard. After his arrest, the defendant made an incriminating statement. Due to a 20-year-old felony conviction for a crime of violence, alleged as a strike, the defendant was facing six years in the state prison, of which he would actually serve 85 percent.
Even though the defendant had received a prison sentence of several years for the strike offense, and even though he had sustained a felony firearms conviction after his release from prison, Attorney Dudley convinced the judge in the present case, over strenuous objection from the prosecutor, to dismiss the strike as remote and then grant his client a term of probation, with a minimal amount of county jail time as a condition of that probation.