P. v. Gibbs CA1/5
Johnson Kelley Gibbs fatally shot his brother, Allison. A jury convicted Gibbs of involuntary manslaughter (Pen. Code, § 192, subd. (b)) and found true an allegation he personally used a firearm in the commission of the crime (§ 12022.5, subd. (a)). The trial court sentenced Gibbs to five years in state prison.
Gibbs appeals. He contends the court coerced the deadlocked jury into continuing to deliberate, which denied him the right to due process. He also argues he is entitled to resentencing in light of Senate Bill No. 620 (2017–2018 Reg. Sess.), which gives trial courts discretion to strike section 12022.5 enhancements in the interests of justice.
We remand the matter for the trial court to exercise its discretion regarding whether to strike the section 12022.5 enhancement. In all other respects, we affirm.
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