Jun. 2, 2022 – Nazir v. Superior Court (2nd Dist., Div. 7, B310806)

Pursuant to a Special Directive adopted by the LA County District Attorney directing prosecutors to dismiss pending sentence enhancements, the prosecutor moved under PC 1385 to dismiss firearm enhancements alleged against defendant. The trial court denied the motion upon finding the Special Directive was not a proper consideration under PC 1385, and defendant sought writ relief. The Court of Appeal instructs the trial court to reconsider, holding that PC 1385 does not preclude consideration of the Special Directive.

Note: The same panel also decided Deputy District Attorneys v. Gascon (B310845).