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Whether PC 1385(c) Creates a Rebuttable Presumption in Favor of Dismissing an Enhancement

Case Name: People v. Walker (2022) 86 Cal.App.5th 386, review granted 3/22/2023
Case #: S278309/B319961
Last Updated: April 26, 2023

Does the amendment to Penal Code section 1385, subdivision (c) that requires trial courts to “afford great weight” to enumerated mitigating circumstances (Stats. 2021, ch. 721) create a rebuttable presumption in favor of dismissing an enhancement unless the trial court finds dismissal would endanger public safety?

Review on this issue has also been granted with briefing deferred in:

  • People v. Ortiz (2023) 87 Cal.App.5th 1087, review granted 4/12/2023 (S278894/H049698)
  • People v. Anderson (2023) 88 Cal.App.5th 233, review granted 4/19/2023 (S278786/B320627)
  • People v. Deaton (C095776) [nonpub. opn.], review granted 4/26/2023 (S278914)
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