- Published: sentencing discretion: Riverside Superior Judge John Molloy’s imposition of an enhancement affirmed in People v. Mendoza (RIF128096/E078534)
- A judge does not have to dismiss an enhancement that would add 20 years to a sentence when the dismissal would endanger public safety, the Court of Appeal ruled. Penal Code Section 1385 was recently amended to require judges to dismiss enhancements that would add 20 years to a sentence. The court’s ruling creates an exception to that rule. Gabriel Mendoza was convicted on two counts of first degree robbery with a firearm enhancement in 2007. He had broken into a bedroom and robbed five victims at gunpoint. He was sentenced to 29 years and eight months,
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