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Name: People v. Wilson
Case #: B151042
Court: CA Court of Appeal
District 2 DCA
Division: 5
Citation: 95 Cal.App.4th 198

The trial court has the authority to strike an enhancement for use of an accelerant in arson, pursuant to Penal Code section 451.1, subdivision (a)(5). In the absence of indicia of legislative intent, the language of the statute, (“Notwithstanding any other law…the trial court shall impose…”), did not evidence a clear legislative direction to divest trial courts of their power under section 1385. Therefore, where the trial court imposed the enhancement, expressly stating that it had no discretion to strike it, remand was required.

Opinion Date: 01/15/2002