People v. McNabb CA2/3
B335849
| Cal. Ct. App. | Apr 21, 2025Background
- In 2017, Mark McNabb pled no contest to three counts of second degree robbery and admitted to using a firearm and having prior convictions.
- He was sentenced to 21 years and eight months, including enhancements for personal firearm use, serious felonies, and a prior prison term.
- In 2023, McNabb filed for resentencing under Penal Code section 1172.75, seeking to strike the now-invalid prison term enhancement and other enhancements under section 1385.
- The court struck the invalid prior prison term enhancement but declined to strike the personal use and serious felony enhancements.
- McNabb appealed, arguing the court abused its discretion by refusing to strike the remaining enhancements despite new mitigating consideration requirements in section 1385.
- The appellate court examined whether the trial court correctly exercised its discretion under the clarified standard in People v. Walker (2024) 16 Cal.5th 1024.
Issues
| Issue | McNabb's Argument | State's Argument | Held |
|---|---|---|---|
| Whether the trial court abused its discretion by not striking all but one enhancement under section 1385 | The court was required to dismiss all but one enhancement unless dismissal threatens public safety, and it failed to make required findings. | The trial court considered mitigating factors but found countervailing facts justified retaining enhancements. | No abuse of discretion; enough countervailing evidence and proper consideration found. |
| Whether the trial court properly gave "great weight" to mitigating circumstance of multiple enhancements | The trial court did not appropriately weigh the mitigating factor or make explicit findings. | The record shows the trial court considered the factors and exercised its discretion. | The court sufficiently considered and balanced the required factors. |
Key Cases Cited
- People v. Walker, 16 Cal.5th 1024 (Cal. 2024) (clarifies discretionary standard for enhancement dismissal under section 1385)
- People v. Carmony, 33 Cal.4th 367 (Cal. 2004) (sets abuse of discretion standard in sentencing decisions)
- People v. Mendoza, 88 Cal.App.5th 287 (Cal. Ct. App. 2023) (firearm use in robbery is evidence for public safety risk)