Wilson

Penal Code section 451.1, subdivision (a)(5) provides for a sentence enhancement if arson is committed by use of an accelerant. The statute commences with the words “Notwithstanding any other law . . . .” The question presented is whether a trial court has discretion under Penal Code section 1385 to strike the enhancement. We hold that in the absence of any other indicia of legislative intent, the introductory phrase does not evidence a clear legislative direction to divest trial courts of discretion under Penal Code section 1385 to strike the enhancement. Accordingly, trial courts retain discretion to strike the enhancement.

Facts and Procedural Background

Defendant and appellant Patrick Dale Wilson appeals from a judgment following a plea of no contest to arson of a structure (Pen. Code, § 451, subd. (c)) and an admission of the use of an accelerant (Pen. Code, § 451.1, subd. (a)(5)). Defendant burned the uninhabited home owned by him and his wife by using gasoline. The no contest plea was entered pursuant to the terms of a plea agreement that defendant would be sentenced to no more than five years in state prison. At sentencing, the trial court determined it had no…