People v. Aguirre CA2/6

DISCUSSION

Aguirre contends the trial court abused its discretion in declining to strike his prior serious felony enhancement because it did not give his post-conviction and mitigating factors their “proper weight.” We disagree. Standard of Review A trial court’s refusal to dismiss a prior serious felony enhancement is reviewed on appeal under the deferential abuse of discretion standard. (People v. Carmony (2004) 33 Cal.4th 367, 373, People v. Mendoza (2023) 88 Cal.App.5th 287, 298, People v. Hodge (2024) 107 Cal.App.5th 985.) Section 1172.1 When recalling and resentencing pursuant to section 1172.1, subdivision (a)(2), the court is required to apply the sentencing rules of the Judicial Council and consider the following post-conviction factors under section 1172.1,

3 subdivision (a)(5): “[T]he disciplinary record and record of rehabilitation of the defendant while incarcerated, evidence that reflects whether age, time served, and diminished physical condition, if any, have reduced the defendant’s risk for future violence, and evidence that reflects that circumstances have changed since the original sentencing so that continued incarceration is no longer in the interest of…