P. v. Ramirez CA2/4
Daniel Josue Ramirez was convicted by jury on one count of second degree murder. The jury also found true gun and gang allegations. Appellant contends his confrontation clause rights were violated under People v. Sanchez (2016) 63 Cal.4th 665 (Sanchez). He also challenges the jury instruction on involuntary manslaughter and the failure to instruct on voluntary intoxication. Appellant also contends his sentence of 40 years to life violates the Eighth Amendment’s proscription against cruel and unusual punishment. We affirm the conviction but remand for the trial court to hold a hearing pursuant to People v. Franklin (2016) 63 Cal.4th 261 (Franklin), and for the trial court to exercise its discretion whether to strike the Penal Code section 12022.53 firearm enhancement under newly-enacted Senate Bill No. 620, which amended section 12022.53, subdivision (h).
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