Oct. 26, 2023 – People v. Ponder (1st Dist., Div. 2, A166053)

The Court of Appeal holds that remand is not required under amended PC 654 (AB 518) because the record “unmistakably” shows the trial court would not have changed the sentence even if it believed amended PC 654 applied. The court further holds the trial court did not err under amended PC 1385 (SB 81) when it imposed a firearm enhancement because the statute’s language that a court “shall” dismiss certain enhancements is conditioned on the court’s finding that dismissal is in the furtherance of justice.