P. v. Rangel CA2/8
Defendants and appellants Jovany Rodrigo Rangel and Abel Eduardo Casillas were convicted by jury of assault with a firearm and kidnapping, and various special allegations were found true. On appeal, defendants contend the trial court committed error by discharging a juror for misconduct after deliberations had begun, and for replacing two other jurors with alternates. Defendant Rangel also contends the court erred in giving an instruction on flight.
We affirm both convictions. However, during the pendency of this appeal, amendments to Penal Code section 12022.53 became effective. Under the amended version of the statute, the trial court now has discretion to strike a gun use enhancement. As we explain below, we therefore remand for resentencing.
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