Fuentes

The issue presented here is whether a trial court has the discretion under Penal Code section 1385, subdivision (a) (section 1385(a)) to dismiss a sentencing enhancement allegation for a gang-related offense (§ 186.22, subd. (b)(1) (section 186.22(b)(1))), or if the court is limited to its authority under section 186.22, subdivision (g) (section 186.22(g)), which provides that “[notwithstanding any other law, the court may strike the additional punishment for the enhancements provided in this section.” In other words, by enacting section 186.22(g), did the Legislature eliminate a trial court’s section 1385(a) discretion to dismiss or strike entirely a section 186.22(b)(1) gang enhancement?

For reasons that follow, we conclude that a trial court has the discretion to strike the gang enhancement altogether under section 1385(a).

Factual and Procedural Background

In March 2013, the Orange County District Attorney (District Attorney) charged defendant Alexis Alejandro Fuentes with the unlawful taking of a vehicle (Veh. Code, § 10851, subd. (a)), and receiving stolen property (Pen. Code, § 496d, subd. (a)). The two-count felony complaint also alleged as an enhancement that…