Skip to content
Name: People v. Gonzalez
Case #: D082058
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 06/27/2024
Summary

The trial court prejudicially abused its discretion when it solely focused on whether defendant currently poses a danger in determining whether dismissal of defendant’s firearm enhancement (PC 12022.53(d)) would endanger public safety pursuant PC 1385(c)(2). Although current danger is an appropriate factor to consider, the crucial part of the inquiry is consideration of defendant’s release date if the enhancement were dismissed. Additionally, for a defendant serving a lengthy indeterminate sentence, the trial court should consider that defendant’s release is contingent on the Board of Parole Hearings’ review and assessment of defendant’s dangerousness.

The full opinion is available on the court’s website here: https://www.courts.ca.gov/opinions/documents/D082058.PDF