Is a court's discretionary decision not to dismiss or strike a sentencing enhancement under section 1385 subject to review?

California, United States of America


The following excerpt is from People v. Brooks, E071942 (Cal. App. 2019):

A court's discretionary decision not to dismiss or strike a sentencing enhancement under section 1385 is "subject to review under the deferential abuse of discretion standard." (People v. Carmony (2004) 33 Cal.4th 367, 374.) "In reviewing for abuse of discretion, we are guided by two fundamental precepts. First, '"[t]he burden is on the party attacking the sentence to clearly show that the sentencing decision was irrational or arbitrary. [Citation.] In the absence of such a showing, the trial court is presumed to have acted to achieve legitimate sentencing objectives, and its discretionary

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