California v Mendoza
Annotate this CaseIn 2021, the California Department of Corrections and Rehabilitation (the Department) sent a letter to the superior court recommending that it resentence Gabriel Mendoza because of errors in his original sentence. Mendoza was resentenced in 2022, after amendments to Penal Code section 1385 became effective. The trial court concluded that section 1385(c)(2)(C) did not always require dismissal of a firearm enhancement under section 12022.53(c), even when imposition of the 20-year sentence for that enhancement results in a sentence of over 20 years. On appeal, Mendoza argued that under section 1385(c)(2)(C) dismissal of the enhancement was mandatory, not discretionary. The Court of Appeal concluded that section 1385(c)(2)(C) did not mandate dismissal of an enhancement when the court finds that dismissal would endanger public safety. The Court also concluded that the trial court did not abuse its discretion by imposing the enhancement.
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