Dec. 29, 2022 – People v. Lipscomb (1st Dist., Div. 2, A164755)

The Court of Appeal holds the trial court was not required to strike a firearm enhancement under amended PC 1385(c)(2)(C) (SB 81), which requires the court to consider whether imposition of an enhancement would result in a sentence over 20 years, because the trial court determined that dismissal of the enhancement would endanger public safety. The court reasons that subdivision (c)(2)(C)’s “shall be dismissed” language must be interpreted in the context of PC 1385 as a whole, which preserves the authority of judges to impose enhancements to protect public safety.