Senate Bill 1393: When Does Judge Abuse Discretion?

Senate Bill 1393 amended Penal Code § 1385(b)(1) to give judges the discretion to strike the otherwise mandatory five-year sentence enhancement applicable for a prior serious felony enhancement. In the summary of a recent appellate court ruling, the appellate court affirmed the trial court’s refusal to strike a five-year prior serious felony enhancement, agreeing that the defendant’s lengthy criminal history court not be ignored or minimized, particularly where the latest conviction also involved significant violence. To read the summary, please click on on the following link –

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