People v. Johnson 104/22 CA3 Case Details

BACKGROUND

On January 1, 2018, Senate Bill No. 620 (2017-2018 Reg. Sess.) (Senate Bill No. 620) went into effect. (Stats. 2017, ch. 682, §§ 1-2.) Senate Bill No. 620 amended sections 12022.5 and 12022.53, granting trial courts discretion pursuant to section 1385 to strike or dismiss certain firearm enhancements. (§§ 12022.5, subd. (c) (12022.5(c)); 12022.53, subd. (h) (12022.53(h).) Relying primarily on legislative intent, on January 20, 2022, our Supreme Court held in People v. Tirado (2022) 12 Cal.5th 688 (Tirado) that although the amendments at issue spoke only in terms of striking or dismissing a firearm enhancement, trial courts also have discretion under Senate Bill No. 620 to impose uncharged lesser section

Undesignated statutory references are to the Penal Code.

2 12022.53 enhancements after striking or dismissing the greater. As relevant here, this interpretation appeared to leave unresolved an apparent conflict with other unamended statutory provisions that require imposition of the harshest available punishment (see § 12022.53, subd. (f) (12022.53(f)) [requiring the court to impose “the enhancement that provides the longest term of imprisonment”] and limit…