Supreme Court of California

In a defendant's motion to dismiss a gang enhancement to his sentence for conviction of unlawful taking of a vehicle, Veh. Code section 10851(a), and receiving stolen property, Pen. Code section 496d(a), the Court of Appeals' grant of the motion is affirmed where a trial court has the discretion under Penal Code section 1385(a) to dismiss a sentencing enhancement allegation for a gang-related offense, section 186.22(b)(1), and the court is not limited to its authority under section 186.22(g).

Appellate Information

• Published 2016/07/21

Judges

• CHIN

Court

• Supreme Court of California

Counsel