Peoplew v. Ponder
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Venson, her fiancé Mitchell, and her 11-year-old daughter were at a house party when a car pulled up. Ponder, an 18-year-old high school senior, got out and started shooting. Ponder admitted killing Venson, claiming he was reacting to a man pulling a gun on him. Ponder was convicted of second-degree murder, assault with a firearm, and shooting at an inhabited building. Ponder moved to strike firearm enhancements in the furtherance of justice (Penal Code 1385). The trial court made extensive findings regarding Ponder’s neurodevelopmental disorders, immaturity, and history of trauma and struck the enhancement for the assault offense, but declined to strike the 25-year-to-life enhancement (section 12022.53(d)) associated with the murder conviction.
In 2021, the court of appeal concluded the trial court abused its discretion. On remand, the trial court struck that murder enhancement and imposed the lesser included enhancement. Ponder was resentenced to 25 years to life in prison. The court of appeal affirmed, rejecting arguments that the trial court failed to follow recent amendments to the sentencing laws, The record unmistakably shows the trial court would not sentence Ponder differently if it believed A.B. 518, amending section 654 and giving the trial court discretion, applied. Section 1385(c)(2), amended by Senate Bill 81 does not require dismissal of an enhancement when a mitigating circumstance is present unless the sentencing court finds dismissal would endanger public safety.
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