P. v. Hannon CA1/4
Appellant Joseph Hannon argues his sentence of eight months for being a felon in possession of a firearm must be reversed because the court imposed a concurrent midterm sentence that was improper under Penal Code section 1170, subdivision (b). The Attorney General agrees. Hannon also argues his sentence must be remanded pursuant to the amendment to section 12022.5, subdivision (c) to allow the trial court to exercise its discretion to strike the firearm enhancement. The Attorney General again agrees.
Hannon further appeals the imposition of a $5,000 fine and a $250 restitution fee at sentencing, arguing his trial counsel was ineffective for failing to object. We conclude the record does not support a finding of ineffective assistance. We remand to the trial court for resentencing on the felon in possession count and for the court to exercise its discretion with regard to the firearm enhancement. We otherwise affirm the judgment.
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