Error and/or relief
The California Department of Corrections and Rehabilitation notified the court that the defendant was entitled to resentencing under Penal Code section 1172.75. He contends the court did not comply with the requirements of section 1385(c), as amended. We agree. Accordingly, we vacate the sentence and remand the matter for further proceedings. There was no discussion at the resentencing hearing in this case of whether dismissal of one or more of the firearm enhancements would endanger public safety.
First Holding:
Penal Code section 1385, subdivision (c) requires the court to give great weight to listed factors.
Authority:
PEN 1385
Second Holding:
“Endanger public safety” means there is a likelihood that the dismissal of the enhancement would result in physical injury or other serious danger to others.
Authority:
PEN 1385(c)(2)