When a defendant pleads in the open, he or she permits the judge to impose a sentence on all counts. Does that require the judge to then impose sentencing enhancements, i.e. a gang enhancement if the complaint alleges this? If the judge has discretion in how to sentence someone, does the judge likewise have discretion whether to strike the gang enhancement? A judge in Orange County thought the answer was yes. Was he correct? Click on the following link to find out.
http://www.greghillassociates.com/may-a-judge-strike-a-gang-allegation-in-plea-in-open.html.