Supreme Court of California

Judgment of the court of appeals reversing a trial court order striking the additional terms of imprisonment required or authorized by the enhancement allegations is affirmed where: 1) the mandatory requirement under Penal Code sec. 1385 that the reasons for a dismissal be set forth in an order entered upon the minutes was not met; and 2) the district attorney did not waive the error by failing to inspect the written record after the hearing to ensure that the trial court had complied with sec. 1385's requirements. The cause is remanded to the court of appeal to enter judgment reversing the judgments of conviction, and in turn remanded to the trial court to correct the defect by setting forth its reasons in a written order entered upon the minutes or to revisit its earlier decision.

Appellate Information

• Decided 04/27/2009
• Published 04/27/2009

Judges

• WERDEGAR, J.

Court

• Supreme Court of California

Counsel

• For Appellant:
  
• Robert J. Kochly, District Attorney, Dana L. Filkowski, Arvon J. Perteet and Greg W. Chambers, Deputy District Attorneys, for Plaintiff and Appellant.


• For Appellees:
  
• Steve Condie, under appointment by the Supreme Court, for Defendant and Respondent Thomas Bonnetta., Violet Elizabeth Grayson, under appointment by the Supreme Court, for Defendant and Respondent Michael Wilen.