Criminal,
California Supreme Court
Nov. 4, 2021
Justices mull whether judges can substitute unproven lesser enhancements
The arguments by Deputy Attorney General Dina Petrushenko on behalf of the state and Theresa H. Schriever of the Central California Appellate Program in Sacramento on behalf of Jose Tirado focused on the Legislature’s intent when passing SB 620 in 2018.
Does a trial court have the power to substitute an unpleaded, unproven lesser firearm enhancement when deciding to exercise its power to strike or dismiss the enhancement under the Penal Code during sentencing?
The California Supreme Court, with 2nd District Court of Appeal Justice Dennis M. Perluss sitting by designation, heard arguments on that question Wednesday, reviewing...
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Penal Code Sections 12022.53(h) and 1385 provide trial courts discretion to strike or dismiss Section 12022.53 enhancements, but not to substitute enhancements not alleged for those actua...
