People v. Santana CA2/3

FACTS AND PROCEDURAL BACKGROUND

1. The charges The People filed an information charging Santana with the murder of Raymond Garcia. (Pen. Code, § 187.)2 The People asserted various firearm enhancement allegations. (§ 12022.53, subds. (b), (c), (d).) The People also asserted Santana suffered

1 Nazir was decided nearly 18 months after the trial court in this case denied the prosecutor’s request to dismiss the firearm and prior strike allegations. 2 References to statutes are to the Penal Code.

2 two prior convictions that qualify as five-year priors (§ 667, subd. (a)(1)) and as strikes under California’s Three Strikes Law (§ 667, subd. (a)(1)). 2. Pretrial motions after the newly-elected district attorney issued his “Special Directive 20-08” The court held a pretrial hearing on December 16, 2020. At that hearing, the prosecutor moved to dismiss the enhancements under section 1385 “at the direction of the Los Angeles District Attorney George Gascón in accordance with Special Directive 20-08.” About a week before the hearing, newly-elected District Attorney George Gascón issued his “Special Directive 20-08.” (See The Assn. of Deputy Dist. Attorneys etc. v. Gascón…