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Name: People v. Jones
Case #: B193759
Court: CA Court of Appeal
District 2 DCA
Division: 7
Opinion Date: 12/17/2007
Summary

The trial court retains authority to strike deadly or dangerous weapons use enhancements alleged pursuant to Penal Code section 12022, subdivision (b). Appellant was convicted at jury trial of robbery, assault, personal infliction of great bodily injury, and personal use of a deadly or dangerous weapon. At sentencing, the trial court declined to strike the use enhancement, stating it lacked the discretion to do so. Applying rules of statutory construction, the appellate court determined that the court retained its authority to strike subdivision (b) as there was no express and clear intent by the Legislature to otherwise restrict it. Noting that appellant was entitled to an informed sentencing decision and that a court unaware of its sentencing discretion could not make such a decision (People v. Belmontes (1983) 34 Cal.3d 335), the appellate court remanded for resentencing.