People v. Lankford CA4/2

INTRODUCTION

Defendant and appellant Dante Maurice Lankford was convicted by a jury of

criminal offenses as a result of multiple incidents involving his wife. He now appeals

from his second sentencing, which reduced his original term of 45 years in state prison to

37 years in prison. He contends the trial court erred by refusing to dismiss various

sentencing enhancements in accordance with Penal Code1 section 1385, since it failed to

find that dismissal of the enhancements would endanger public safety. We find no error

and affirm.

PROCEDURAL BACKGROUND

A jury convicted defendant of 22 offenses, including, among others, making

criminal threats (§ 422), assault with a firearm (§ 245, subd. (a)(2)), being a felon in

possession of a firearm (§ 29800, subd. (a)(1)), stalking (§ 646.9, subd. (b)), inflicting

corporal injury on a spouse (§ 273.5, subd. (f)(2)), dissuading a witness by use of force

(§ 136.1, subd. (c)(1)), violating a protective order (§ 166, subd. (c)(1)), and robbery

(§ 211). The jury also found true that defendant personally inflicted great bodily injury

(GBI) on the victim (§ 12022.7, subd. (e)) during the commission of inflicting corporal

injury…