P. v. Saldana CA2/8
Defendant Anthony Jesus Saldana appeals from the judgment after his convictions for assault with a firearm, shooting at an inhabited dwelling, two counts of possession of a firearm by a felon, and violation of a criminal street gang injunction. We hold that the gang enhancement applied to the second count of possession of a firearm is not supported by substantial evidence and must be vacated. We otherwise affirm the judgment of conviction. In light of recent statutory amendments granting courts discretion to strike or dismiss firearm enhancements under Penal Code sections 12022.5 and 12022.53, however, we vacate the sentence and remand for resentencing. We also direct the trial court on remand to correct several other errors in sentencing and the abstract of judgment.
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