People v. Mayes CA3

DISCUSSION

Defendant argues that the trial court erred by failing to dismiss at least one of his firearm enhancements under section 1385, subdivision (c)(2)(B) or (C). We disagree. A. Legal Background Under section 1385, subdivision (a), the trial court “may, either on motion of the court or upon the application of the prosecuting attorney, and in furtherance of justice, order an action to be dismissed.” (§ 1385, subd. (a).) A trial court’s discretion to dismiss an “action” encompasses the power to strike or dismiss a sentencing enhancement. (People v. Fuentes (2016) 1 Cal.5th 218, 225.) In 2021, the Legislature amended section 1385 to specify factors that the trial court must consider when deciding whether to strike or dismiss enhancements from a defendant’s sentence. (People v. Sek (2022) 74 Cal.App.5th 657, 674.) As amended, subdivision (c) of section 1385 provides, in pertinent 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…