PEOPLE v. WILSON

No. B151042.

115 Cal.Rptr.2d 355 (2002)

95 Cal.App.4th 198

The PEOPLE, Plaintiff and Respondent, v. Patrick Dale WILSON, Defendant and Appellant.

Court of Appeals of California, Second District, Division Five.

Rehearing Denied February 8, 2002.


Attorney(s) appearing for the Case

Law Offices of Jamison K. Shedwill and Jamison K. Shedwill, Burlingame, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Lance E. Winters and Valerie A. Baker, Deputy Attorneys General, for Plaintiff and Respondent.


GRIGNON, J.

Penal Code section 451.1, subdivision (a)(5) provides for a sentence enhancement if arson is committed by use of an accelerant. The statute commences with the words "Notwithstanding any other law...." The question presented is whether a trial court has discretion under Penal Code section 1385 to strike the enhancement. We hold that in the absence of any other indicia of legislative intent, the introductory phrase does not evidence a clear legislative direction...

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