People v. O'Brien CA4/2

I.

INTRODUCTION

After defendant and appellant Michael Patrick O’Brien successfully appealed in

light of People v. Tirado (2022) 12 Cal.5th 688 (Tirado), on remand defendant urged the

trial court to dismiss or reduce the firearm enhancement to a lesser included

enhancement. The trial court refused, leaving the original sentence fully intact.

Defendant again appeals, arguing the trial court abused its discretion in declining to strike

or impose a lesser enhancement because the court did not properly apply the public safety

exception under section 1385. We disagree and affirm.

II.

FACTUAL AND PROCEDURAL BACKGROUND

Defendant had a son with his ex-girlfriend, Desseray Mariscal. Shortly after they

broke up, Mariscal began a relationship with the victim, Rudy Areyan. (O’Brien I, supra,

E074516.)

Mariscal and Areyan got into an argument when they were doing laundry together

at a laundromat. Mariscal left the laundromat with her son in her car and told Areyan that

she needed to “cool off.” Areyan followed Mariscal in his car as she drove away.

Mariscal texted him, telling him to go away, but he continued following her. (O’Brien I,

supra, E074516.)

1 The factual…