Feb. 10, 2023 – People v. Mendoza (4th Dist., Div. 2, E078534)

The Court of Appeal holds that PC 1385(c)(2)(C) does not mandate dismissal of an enhancement that could result in a sentence over 20 years where the court finds dismissal would endanger public safety. The Court of Appeal further finds that the trial court did not abuse its discretion by finding the dismissal of defendant’s firearm enhancement would endanger public safety where it would result in a sentence of less than six years in prison and the immediate release of defendant, and where the court determined a long sentence was necessary for defendant’s rehabilitation due to the circumstances of his crime.