People v. Crowley CA2/6

DISCUSSION

Appellant argues the trial court failed to properly consider and “afford great weight” to three mitigating circumstances supporting dismissal of enhancements. He contends that section 1385 creates a presumption in favor of dismissal if statutory mitigating circumstances are present and that presumption is overcome only by evidence that dismissal would endanger public safety. He is mistaken. Section 1385 enables trial courts to dismiss enhancements in furtherance of justice. (§ 1385, subds. (a), (b), (c)(1).) Effective January 1, 2022, Senate Bill No. 81 (2021-2022 Reg. Sess.) amended section 1385 to specify mitigating circumstances for the

3 The information also included allegations under section

667.5, subdivisions (a) and (b). We do not discuss those allegations further because they did not increase the duration of either appellant’s original or revised sentence.

3 court to consider in deciding whether to strike an enhancement in the furtherance of justice and directs that “[p]roof of the presence of one or more of these [mitigating] circumstances weighs greatly in favor of dismiss[al].” (§ 1385, subd. (c)(2); See People v. Lipscomb (2022) 87 Cal.App.5th 9, 16.)…