People v. Leyba CA3

DISCUSSION

I The Record Does Not Clearly Indicate The Trial Court Would Impose The Same Sentence Under Section 1385 Defendant contends the trial court abused its discretion by failing to strike some of his enhancements. We agree. We review a trial court’s refusal to strike a sentence enhancement under section 1385 for abuse of discretion. (People v. Mendoza (2023) 88 Cal.App.5th 287, 298.) This standard “is not empty.” (People v. Williams (1998) 17 Cal.4th 148, 162.) Indeed, “an abuse of discretion arises if the trial court based its decision on impermissible factors [citation] or on an incorrect legal standard.” (People v. Knoller (2007) 41 Cal.4th 139, 156.) Section 1385 states in relevant part: “[T]he court shall dismiss an enhancement if it is in the furtherance of justice to do so.” (§ 1385, subd. (c)(1).) “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” listed in the statute “are present.” (§ 1385, subd. (c)(2).) Presence of any of “these [mitigating] circumstances weighs greatly in favor of dismissing the enhancement, unless the…