People v. Willis CA4/3

Filed 6/20/23 P. v. Willis 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 Respondent, G061403

v. (Super. Ct. No. 97NF2316)

ANDRE WILLIS, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Lance P. Jensen, Judge. Affirmed in part and remanded with directions. Kendall Dawson Wasley, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Charles C. Ragland, Assistant Attorney General, Paige B. Hazard and A. Natasha Cortina, Deputy Attorneys General, for Plaintiff and Respondent.

As amended in 2021, Penal Code section 1385 enumerates a variety of mitigating circumstances trial courts must consider in deciding whether to dismiss a 1 sentence enhancement in the interest of justice. The primary question before us is whether dismissal is not only authorized, but required, when certain mitigating circumstances are present. Appellant contends the answer is yes, but consistent with every other appellate panel that has weighed in on the issue, we conclude the concern for public safety is a legitimate reason for refusing to dismiss an enhancement. Therefore, the trial court was not required to dismiss appellant’s enhancements in this case. However, the parties agree the trial court erred in failing to calculate appellant’s presentence credits, and we will thus remand the matter for that limited purpose. In all other respects, we affirm the judgment. FACTUAL AND PROCEDURAL BACKGROUND In 1997, appellant and Kevin Boyce entered a hair salon occupied by Shayne York, his fiancée Jennifer Parish, and Jennifer’s sister. Brandishing a handgun, appellant ordered the trio to the floor and took their money. Then Boyce fatally shot York in the back of the head after discovering he was a sheriff’s deputy. Before fleeing the scene with Boyce, appellant took Jennifer’s jewelry and ATM card. Two hours later, appellant and Boyce walked into a pizza parlor in Yorba Linda and demanded everyone’s money. Several patrons turned over their wallets. In addition, the duo took roughly $500 from the safe before fleeing the scene. However, they were apprehended by the police a short time later. Following a jury trial, appellant was convicted of first degree murder, burglary, three counts of attempted robbery, and five counts of robbery. He was also found to have used a firearm and suffered two prior strike convictions and a prior serious felony conviction. The trial court sentenced him to prison for 150 years to life, plus a