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Supreme Court Will Hear Follow-Up To Its Tirado Decision On Sentence Enhancements

9/30/2022—The court granted review in People v. McDavid. A partially divided unpublished opinion by the Fourth District, Division One, Court of Appeal, addressed three different issues and the Supreme Court has not limited the issues, but there is only one issue on which the Division One justices disagreed — the scope of the superior court’s discretion to strike a firearm sentence enhancement and impose a lesser enhancement. Applying the Supreme Court’s January decision in People v. Tirado (2022) 12 Cal.5th 688, the majority thought the trial court had more limited options than the dissent did. The Attorney General filed a request to publish the opinion, which both the appellate court and the Supreme Court denied.


Strong and Lewis actions. Last month’s decision in People v. Strong (2022) 13 Cal.5th 698 and last year’s decision in People v. Lewis (2021) 11 Cal.5th 952 — both involving 2018’s Senate Bill No. 1437, which narrowed murder liability under the felony murder theory and eliminated it under the natural and probable consequences doctrine — affected dozens of cases this week. The court granted review in four cases and transferred them back to the Courts of Appeal for reconsideration in light of Strong. Also, it shed 49 grant-and-holds: 34 will be reconsidered in light of both Strong and Lewis, five will be reconsidered in light of just Strong, two will be reconsidered in light of only Lewis, and the court dismissed review in eight cases, four of which had been holding for Lewis and Strong and four had been holding for just Lewis. Some of the grant-and-holds had been sitting on the shelf for over two years. These decisions might have gotten rid of the last of the Lewis grant-and-holds; there had been at least 327 of them.


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