People v. Thomas

Opinion

LUCAS, C. J.

—In 1989, the Legislature amended Penal Code section 1170.1, subdivision (h) (all further statutory references are to this code), by deleting section 12022.5 (firearm use enhancements) from the list of statutory enhancements that a trial court might, in its discretion, strike if sufficient “circumstances in mitigation” exist. The question arises whether trial courts nonetheless may continue to strike such firearm use enhancements “in furtherance of justice” under section 1385. Because we find clear legislative intent to withhold such authority, we conclude the Court of…