P. v. Austin CA3
In August of 2018, this court affirmed the conviction of defendant Dennis Exzaver Austin, holding the trial court did not abuse its discretion in declining to strike any of defendant’s prior strikes.
Two months later, our Supreme Court granted defendant’s petition for review and directed this court to vacate our decision and reconsider the cause in light of the newly enacted Senate Bill No. 1393 (2017-2017 Reg. Sess.; Stats. 2018, ch. 1013 (Senate Bill 1393)). Senate Bill 1393 affords trial courts discretion to dismiss or strike prior serious felony enhancements. We will remand to allow the trial court to consider exercising this newly afforded discretion.
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