P. v. Damm CA2/4
Charles Patrick Damm appeals from a judgment of conviction of assault with a deadly weapon (firearm), discharge of a firearm at an occupied vehicle, and possession of a firearm by a felon. He argues the trial court erred in excluding evidence which tended to impeach a key witness for the prosecution. We find that any error did not prejudice appellant.
Appellant also argues we must remand for the trial court to exercise its discretion, newly conferred by the passage of Senate Bill No. 620 (2017-2018 Reg. Sess.), to strike firearm use enhancements under Penal Code section 12022.53. We agree and remand the case for that purpose.
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