Does the Attorney General have the authority to stay the execution of a convicted drug offender who has two prior drug convictions?

California, United States of America


The following excerpt is from People v. Miles Courtney Weaver, D053368 (Cal. App. 5/27/2009), D053368. (Cal. App. 2009):

Weaver contends the two prior drug conviction enhancements must be stricken, not stayed, and, as a matter of judicial economy, we should strike the enhancements rather than remand the case to the trial court to exercise its discretion under Penal Code section 1385. The Attorney General correctly concedes that a trial court must either impose or strike such an enhancement; the court cannot impose the enhancement and then stay its execution. (People v. McCray (2006) 144 Cal.App.4th 258, 267-268.)

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