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Modification: People v. Wilson

Ruling by

Halim Dhanidina

Lower Court

Los Angeles County Superior Court

Lower Court Judge

Jose I. Sandoval
Senate Bill 1393 does not allow the trial court discretion to strike a prior serious felony enhancement from a negotiated plea agreement.



Court

California Courts of Appeal 2DCA/3

Cite as

2019 DJDAR 11746

Published

Dec. 18, 2019

Filing Date

Dec. 17, 2019

Opinion Type

Modification

Disposition Type

Affirmed


 

THE PEOPLE,

Plaintiff and Respondent,

v.

DAMION WILSON,

Defendant and Appellant.

 

No. B287272

(Los Angeles County

Super. Ct. No. BA454306)

California Courts of Appeal

Second Appellate District

Division Three

Filed December 17, 2019

 

ORDER MODIFYING OPINION

AND DENYING REHEARING

 

[NO CHANGE IN JUDGMENT]

 

THE COURT:

 

It is ordered that the opinion filed herein on November 20, 2019 be modified as follows:

 

1. On page 6, the last sentence and citations of the second paragraph are deleted and replaced with the following:

 

However, Dent noted that even if a request is denied for an improper reason, if the record establishes that the request was nonetheless properly denied on other grounds, it would uphold the trial court's ruling. (Dent, at p. 218; see People v. Scott, supra, 91 Cal.App.4th at p. 1206 [sufficient reasons on record constituted implicit consideration of Windham factors].)

 

This modification does not change the judgment.

 

The petition for rehearing is denied.

 

DHANIDINA, J.

EDMON, P. J.

EGERTON, J.

 

#274479

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