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Name: People v. Jones
Case #: C074824
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 03/30/2016
Summary

Where trial court stated reasons for dismissing one of two strikes on the record, remand was not required for the court to provide written reasons in the minutes in light of subsequent amendment to Penal Code section 1385. Jones was convicted of residential burglary and other offenses. Two strike priors were found true. At sentencing the trial court dismissed one of his strike priors and sentenced him to a determinate term. The court gave its reasons for dismissing the strike prior orally, but not in the minutes. Jones appealed his convictions. The prosecution also appealed, requesting that that the case be remanded so the trial court could provide written reasons in the court minutes for its dismissal. Held: Remand not required. At the time of sentencing, section 1385 required the trial court to provide written reasons for the dismissal of a strike prior in the court minutes. However, the statute was subsequently amended effective January 1, 2015. It now requires the reason for the dismissal to be stated orally on the record, and the court is only required to set forth the reasons for the dismissal in the court minutes if requested by either party or in any case where the proceedings are not recorded. Here, the trial court stated its reason for the dismissal on the record and neither party requested that the reasons be entered in the minutes. Under the current version of the statute, remand is not required. The court rejected the Attorney General’s argument that the court should apply the law as it existed at the time of sentencing. [Editor’s Note: The Court of Appeal addressed appellant’s claim in an unpublished portion of the opinion.]

The full opinion is available on the court’s website here: http://www.courts.ca.gov/opinions/documents/C074824.PDF