People v. Dain

Summary

The court held that when a trial court abuses its discretion by granting a motion to dismiss a prior strike conviction, the ordinary remedy is to remand for resentencing and allow the trial court to reconsider the motion under the correct legal standards. The appellate court may not dictate reinstatement of the strike merely because the existing record appears unfavorable or because the trial court previously denied a similar motion. The trial court retains discretion to consider proper reasons, relevant arguments, evidence, and changed circumstances on remand.