People v. Ward CA2/6

DISCUSSION

Enhancements Appellant contends the trial court erred when it declined his request to dismiss three bodily injury enhancements and one deadly weapon enhancement from his sentence pursuant to section 1385, subdivision (c). Subdivision (c) provides in part: “(1) Notwithstanding any other law, the court shall dismiss an enhancement if it is in the furtherance of justice to do so, except if dismissal of that enhancement is prohibited by any initiative statute. “(2) In exercising its discretion under this subdivision, the court shall consider and afford great weight to evidence offered by the defendant to prove that any of the mitigating circumstances in subparagraphs (A) to (I) are present. Proof of the presence of one or more of these circumstances weighs greatly in favor of dismissing the enhancement, unless the court finds that dismissal of the enhancement would endanger public safety. ‘Endanger public safety’ means there is a likelihood that the dismissal of the enhancement would result in physical injury or other serious danger to others.” The parties agree two of subdivision (c)(2)’s nine mitigating circumstances are present here, i.e., subparagraphs (B) and (C).…