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Name: People v. J.W.
Case #: C099829
Opinion Date: 20250314
Attorney: Tonja R. Torres
Summary

The Court of Appeal held that the trial court abused its discretion by applying an incorrect legal standard under amended Penal Code section 1385, subdivision (c)(2) when determining whether to dismiss one or more of appellant’s firearm or prior serious felony enhancements, as it considered only whether he currently posed a danger to the public rather than considering dangerousness at the time he would be released if the enhancements were dismissed. (People v. Gonzalez (2024) 103 Cal.App.5th 215.) The error was not harmless. The matter was remanded for resentencing.