This is such a topsy turvey that shit larry david style bill. SB81 basically makes it way tougher for judges to justify denying a motion to strike an enhancement. enhancements fuck our clients. 10 yr consecutive gang enhancement. (Currently) 10/ 20 / 25 yr consecutive gun enhancement. Nickel five year consecutive enhancements for a serious/violent felony prior on an already doubled second strike sentence for the same priory.
“The bill would create a presumption that it is in the furtherance of justice to dismiss an enhancement in specified circumstances. The bill would state that this presumption is only overcome upon a showing by clear and convincing evidence that dismissal of the enhancement would endanger public safety.”
Omg I cant like amazing. Flipside, judges can still submitted submitted denied that. But at least this makes it tougher. Makes it easier for us to argue they erred when they did that. Makes the system marginally better one step at a time till we chisel the rocks of injustice so much so we tear it down. Hopeful it’ll pass.