Mar. 13, 2023 – People v. Burke (3rd Dist., C096164)

The Court of Appeal holds that PC 1385, as amended by SB 81, does not apply to a Romero decision whether to dismiss a prior strike, because the plain language of PC 1385(c) applies only to an “enhancement” and the Three Strikes law is not an enhancement. The court reaches this decision despite acknowledging that “much of the legislative history [of SB 81] is inconsistent with this plain language.”