People v. Rogers CA1/5

BACKGROUND

According to the probation report, appellant was driving a car and collided with a motorcycle, severely injuring the motorcycle driver and passenger. Appellant told the responding officer that he had not used methamphetamine that day, but a blood test revealed the presence of methamphetamine.

1 Appellant pled no contest to driving under the influence and admitted two enhancements: personal infliction of great bodily injury (Pen. Code,1 § 12022.7, subd. (b)), and causing injury to more than one victim (Veh. Code, § 23558). The trial court sentenced appellant to the low term of 16 months for the DUI, plus consecutive terms of five years on the great bodily injury enhancement and one year on the multiple victim enhancement.

DISCUSSION

Appellant argues the trial court prejudicially failed to recognize the scope of its discretion to strike one of the enhancements pursuant to a recent statutory amendment. “Section 1385, subdivision (a) (§ 1385(a)), authorizes a trial court to dismiss an action ‘in furtherance of justice’ on its own motion.” (People v. Dain (2024) 99 Cal.App.5th 399, 409, review granted May 29, 2024, S283924.) “Prior to 2022, section 1385 ‘did not provide…