Error and/or relief
On resentencing under section 1172.75, the court only struck the now-invalid enhancement, and ortherwise left the original sentence intact. Because the court based its decision not to dismiss enhancements on the mistaken belief defendant was eligible for elderly parole, we conclude the trial court abused its discretion such that defendant’s case must be remanded for a full resentencing.
First Holding:
Section 1385(c)(1) provides that notwithstanding any other law, the court shall dismiss an enhancement if it is in the furtherance of justice to do so, except if dismissal of that enhancement is prohibited by any initiative statute. Section 1385(c)(2) provides in pertinent part, that in exercising its discretion under this subdivision, the court shall consider and afford great weight to evidence offered by the defendant to prove that any of the nine mitigating circumstances in subparagraphs (A) to (I) are present. Proof of the presence of one or more of these circumstances weighs greatly in favor of dismissing the enhancement, unless the court finds that dismissal of the enhancement would endanger public safety.
Authority:
PEN 1385
People v. Walker (2024) 16 Cal.5th 1024, 1032
Second Holding:
We review a trial court’s sentencing decisions under section 1385 for an abuse of discretion. When a sentencing court is unaware of its discretionary powers, it cannot exercise informed discretion. The appropriate remedy is to remand for resentencing unless the record clearly indicates that the trial court would have reached the same conclusion even if it had been aware that it had such discretion.
Authority:
PEN 1385
People v. Gonzalez (2024) 103 Cal.App.5th 215, 225
People v. Gutierrez (2014) 58 Cal.4th 1354, 1391
Third Holding:
The trial court mistakenly believed defendant was eligible for elderly parole. (See sec. 3055(g).) Defendant’s sentenced under the Three Strikes law are not eligible for elderly parole. This mistaken belief tainted the trial court’s interests of justice analysis, as it relied heavily on the possibility defendant could obtain parole at a later, but certain, date regardless of its decision to dismiss enhancements. Because the trial court was mistaken about parole, we are uncertain the court would impose an identical sentence given the correct understanding that defendant’s future parole eligibility rested with the trial court alone. Accordingly, defendant is entitled to a full resentencing under the proper standard.
Authority:
People v. Salazar (2023) 15 Cal.5th 416, 419 [there must be clear indication the trial court would have reached the same conclusion with fully informed discretion]
People v. Buycks (2018) 5 Cal.5th 857, 893