McDavid

Opinion of the Court by Liu, J.

Penal Code section 12022.53 establishes a tiered system of sentencing enhancements for specified felonies involving the use of firearms. (All statutory references are to the Penal Code.) Section 12022.53, subdivision (h) gives trial courts the discretion to strike those enhancements in the interest of justice pursuant to section 1385. In People v. Tirado (2022) 12 Cal.5th 688, 700 (Tirado), we held that this discretion includes striking a section 12022.53 enhancement and then imposing a lesser included, uncharged section 12022.53 enhancement when the facts supporting the lesser enhancement were alleged and found true by the jury. We explained that the statutory framework supported this conclusion. (Tirado, at pp. 692, 700.) We also noted that this conclusion was in line with the long-standing principle that “a court is not categorically prohibited from imposing a lesser included, uncharged enhancement so long as the prosecution has charged the greater enhancement and the facts supporting imposition of the lesser enhancement have been alleged and found true.” (Id. at p. 697.) The question here is whether the same statutory framework permits a court,…