Nazir

INTRODUCTION

“[T]here is a long history of dispute among the various branches of state government over the application of [Penal Code] section 1385 to sentencing allegations.”1 (People v. Superior Court (Romero) (1996) 13 Cal.4th 497, 521-522 (Romero).) In this latest chapter of that history, Rehan Nazir argues the trial court abused its discretion in refusing to dismiss under section 1385 certain firearm enhancements the People alleged against him. Nazir and the People argue the trial court should have dismissed the sentence enhancements “in furtherance of justice” under section 1385 in accordance with a policy issued by the district attorney for Los Angeles County, George Gascón, upon his election. That policy directs all deputy district attorneys “to orally amend the charging document to dismiss or withdraw any [sentence] enhancement” alleged in a pending case. Based on the district attorney’s new policy, the prosecutor moved under section 1385 to dismiss firearm enhancements alleged under sections 12022.5 and 12022.53. The trial court denied the motion and refused to consider the new policy in determining whether to dismiss the enhancements under section 1385. We agree with…