Enhancements and Section 1385

Question 1

Does section 1385 categorically prohibit multiple enhancements in a single case?

Answer 1

No.

(People v. Renteria (6th. App. Dist. 2023) Cal. Ct. of App. Case No. H049980.)

Question 2

When does section 1385 allow multiple enhancements in a single case?

Answer 2

When dismissal of the extra enhancements would endanger public safety.

(People v. Renteria (6th. App. Dist. 2023) Cal. Ct. of App. Case No. H049980.)

Question 3

Penal Code section 1385 says where “[m]ultiple enhancements are alleged in a single case” “[i]n this instance, all enhancements beyond a single enhancement shall be dismissed.” (Pen. Code, § 1385, subd. (c)(2)(B).) Is this mandatory?

Answer 3

No. Multiple enhancements may still be imposed when striking the enhancements would endanger public safety.

Question 4

Penal Code section 1385 says where “application of an enhancement could result in a sentence of over 20 years” “[i]n this instance, the enhancement shall be dismissed.” (Pen. Code, § 1385, subd. (c)(2)(C).) Is this mandatory?

Answer 4

No. Multiple enhancements may still be imposed when striking the enhancements would endanger public safety.

Question 5

What if a court does not make a finding striking enhancements would endanger public safety?

Answer 5

Dismissal may be mandatory in this situation.

Question 6

Are strikes enhancements for the purpose of Penal Code section 1385?

Answer 6

No. Strikes should not be considered under Penal Code section 1385, since they are part of an alternate sentencing scheme rather than enhancements. (People v. Burke (2023) 89 Cal.App.5th 237.)

Question 7

Imagine that the defendant is convicted of robbery. Three enhancements are found true: the gang enhancement, the gun enhancement, and the GBI enhancement. What finding must the court make to impose all three enhancements?

Answer 7

The court must find that striking the enhancements would endanger public safety. (Pen. Code, § 1385.)