People v. Brooks
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After a jury found defendant guilty of five of the six counts alleged against him based on actions he took during and after a domestic dispute, the trial court also found true that defendant had suffered each of three prior convictions under Penal Code section 667, subdivision (a)(1). The trial court sentenced defendant to 27 years and 4 months in prison. The Legislature subsequently enacted and the Governor signed Senate Bill No. 1393, which amended sections 667 and 1385 to give a trial court discretion that it did not have before January 1, 2019 to strike prior serious felony conviction enhancements.
The Court of Appeal affirmed the trial court's decision declining, on remand, to strike the two five-year serious felony enhancements imposed under section 667, subdivision (a)(1). The court held that defendant was not entitled to have his motion heard by the original sentencing judge. The court also held that the trial court considered proper criteria, understood sentencing law, and did not abuse its discretion when it denied defendant's motion to strike enhancements imposed before the trial court had discretion to strike enhancements under section 667, subdivision (a)(1).
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