People v. Trejo CA4/3

Filed 5/15/14 P. v. Trejo CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Appellant, G048572

v. (Super. Ct. No. 12NF3730)

KEVIN BERMUDEZ TREJO, OPINION

Defendant and Respondent.

Appeal from an order of the Superior Court of Orange County, Nicholas S. Thompson, Judge. Affirmed and remanded with directions. Tony Rackauckas, District Attorney and David R. Gallivan, Deputy District Attorney, for Plaintiff and Appellant. Maria Leftwich, under appointment by the Court of Appeal, for Defendant and Respondent. * * *

The People appeal from the trial court’s order granting defendant Kevin 1 Bermudez Trejo’s motion under Penal Code section 1385 to dismiss the section 186.22, subdivision (b)(1) (section 186.22(b)(1)) gang enhancements charged against him. The sole issue on appeal is whether a court has the authority under section 1385 to dismiss section 186.22(b)(1) enhancements. We hold the court does have such authority and therefore affirm the order, but remand the matter for the court to state its reasons for the dismissal in the minutes, as required by section 1385, subdivision (a) (section 1385(a)).

FACTS

In a felony complaint, the People charged defendant with two counts of possessing a controlled substance for sale (Health & Saf. Code, §§ 11378 methamphetamine, 11351 heroin) and alleged he committed the crimes for the benefit of 2 a criminal street gang (§ 186.22(b)(1)).