Filed 4/5/18 P. v. Sloan CA1/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION TWO


THE PEOPLE,
Plaintiff and Respondent,
v.
ISRAEL WARREN SLOAN,
Defendant and Appellant.

A146971

(Solano County
Super. Ct. No. FCR312026)


A jury found defendant Israel Warren Sloan guilty of second degree burglary, and found true enhancement allegations that he had been armed with, and had personally used, a firearm during the commission of the robbery. The trial court sentenced defendant to state prison for two years on the robbery, plus 10 years for his personal use of the firearm. Defendant appealed, contending that the sentence violated the guarantees of the federal and state Constitutions against cruel and/or unusual punishment.
During the pendency of this appeal, an amendment to Penal Code section 12022.53 vested trial courts with the power to strike or dismiss enhancements for the personal use of a firearm. Defendant and the Attorney General filed supplemental briefs, both agreeing that this enactment justifies a remand to the trial court to give it the opportunity to exercise this new discretion.
DISPOSITION
The cause is remanded for the sole purpose of providing the trial court with the opportunity to decide whether, on appropriate motion by defendant, to exercise its discretion to strike or dismiss the personal use enhancement.

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Kline, P.J.


We concur:


_________________________
Richman, J.


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Miller, J.
























People v. Sloan (A146971)