California Court of Appeal

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People v. Fuentes, G048563

The trial court's order dismissing a gang enhancement alleged under Penal Code section 186.22(b) against defendant is remanded, where: 1) the trial court had the power to dismiss the gang enhancement allegation; 2) the enactment of section 186.22(g), which gives the trial court the power, "notwithstanding any other law," to strike the additional punishment for an enhancement alleged under section 186.22(b), did not eliminate the trial court's power to dismiss or strike an enhancement alleged under section 186.22(b); but 3) the trial court did not state its reasons for dismissing the enhancement allegation in an order entered in the minutes, as required by Penal Code section 1385(a).

Appellate Information

  • Decided 04/30/2014
  • Published 04/30/2014

Judges

  • FYBEL

Court

  • California Court of Appeal

Counsel