Tirado

Opinion of the Court by Corrigan, J.

Penal Code section 12022.53 establishes a tiered system of sentencing enhancements for specified felonies involving firearms. Section 12022.53, subdivision (h) (section 12022.53(h)) authorizes courts to strike certain enhancements in the interests of justice under the authority of section 1385. Here we consider the scope of that authority when the prosecution has alleged, and the jury has found true, the facts supporting an enhancement under section 12022.53, subdivision (d) (section 12022.53(d)). The question is what the court may do if it decides to strike that enhancement. May the court impose a lesser uncharged enhancement under either section 12022.53, subdivision (b) (section 12022.53(b)) or section 12022.53, subdivision (c) (section 12022.53(c))? Or is the court limited to imposing the section 12022.53(d) enhancement or striking it? We conclude the statutory framework permits a court to strike the section 12022.53(d) enhancement found true by the jury and to impose a lesser uncharged statutory enhancement instead.

I. BACKGROUND

Brian Phillips was in a Bakersfield convenience store when defendant Jose Guadalupe Tirado and…