California, United States of America
The following excerpt is from People v. Valles, 262 Cal.Rptr.3d 674, 49 Cal.App.5th 156 (Cal. App. 2020):
imposition of a greater enhancement.4 As reviewing courts, our role in construing a statute should ordinarily be to determine the objective meaning of its provisions, and we may not rewrite a statute to conform to a presumed intent that is not expressed. ( People v. Statum (2002) 28 Cal.4th 682, 692, 122 Cal.Rptr.2d 572, 50 P.3d 355.)
The express language of sections 1385 and 12022.53, subdivision (h) refers only to dismissing (or striking) actions or enhancements; neither section authorizes the substitution of a lesser enhancement for a greater enhancement, properly found true at trial, and for which there is no legal impediment to imposition. It does not give the court the right to disregard the verdict of a jury and pronounce a sentence that does not respond to the verdict as rendered. ( People v. Superior Court (Prudencio ) (1927) 202 Cal. 165, 173, 259 P. 943.)
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