People v. Fuentes

Opinion

CHIN, J.

The issue presented here is whether a trial court has the discretion under Penal Code 1 section 1385, subdivision (a) (section 1385(a)) to dismiss a sentencing enhancement allegation for a gang-related offense (§ 186.22, subd. (b)(1) (section 186.22(b)(1))), or if the court is limited to its authority under section 186.22, subdivision (g) (section 186.22(g)), which provides that “[notwithstanding any other law, the court may strike the additional punishment for the enhancements provided in this section.” In other words, by enacting section 186.22(g), did the Legislature…