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California Trial Courts Have The Discretion To Strike Certain Deadly Weapons Enhancements

By Jeremy Price

After a jury convicted the defendant in this case of robbery and assault charges and found true a special allegation that the defendant personally used a deadly or dangerous weapon in violation of California Penal Code (PC) section 12022(b)(1), the trial court imposed a prison term that included a one-year enhancement for the weapon use. The court also denied Jones?s request to stay or strike the deadly weapon enhancement, stating it lacked discretion to do so. However, Division Seven of the Second District Court of Appeal concluded that imposition of the one-year enhancement was not mandatory and that trial courts retain the discretion to strike this enhancement in the furtherance of justice pursuant to PC section 1385(c). Therefore, the Court of Appeal remanded the matter in order for the trial court to exercise its discretion whether to impose or strike the enhancement...continue to full post

Full post as published by Criminal Appeal on December 17, 2007 (boomark / email).