Dec. 15, 2022 – People v. Walker (2nd Dist., Div. 2, B319961)

Considering two issues of first impression related to PC 1385 as amended by SB 81, the Court of Appeal holds: (1) where there are multiple enhancements in a single case, the court is not required to dismiss all but one enhancement under subdivision (c)(2)(B), which provides that “all enhancements beyond a single enhancement shall be dismissed”; and (2) the mandate to “afford great weight” to the enumerated mitigating circumstances erects a rebuttable presumption that obligates a court to dismiss the enhancement unless it finds dismissal would endanger public safety.