P. v. Taylor CA2/7
Senate Bill 1393, signed into law on September 30, 2018, amends Penal Code sections 667 and 1385 to provide the trial court with discretion to dismiss, in furtherance of justice, five year enhancements pursuant to section 667, subdivision (a), subsection (1). The new law takes effect on January 1, 2019. Appellant and respondent agree that the law will be applicable to those parties, like appellant, whose appeals will not be final on the law’s effective date. We agree. Accordingly, we affirm the conviction and remand this matter for the trial court to set a resentencing hearing after January 1, 2019, to exercise its discretion whether to dismiss the enhancement.
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