P. v. Delgado CA2/6
Juan Carlos Delgado (defendant) appeals following a resentencing hearing held by the trial court on February 8, 2017. The hearing occurred after this Court affirmed defendant’s 2014 conviction but struck the true finding on a Penal Code section 186.22 gang enhancement allegation and remanded the matter for resentencing. Defendant’s counsel on appeal contends that because this case is not yet not final, the case must be remanded to permit the trial court to exercise the discretion provided by changes to the firearm enhancement statute effective January 1, 2018. Respondent agrees that the changes in the law apply retroactively to cases that are not yet final on January 1, 2018, but opposes remand on the ground that the record demonstrates that on remand, the trial court would not exercise its discretion to strike the firearm enhancement. The record does not demonstrate that remand would serve no purpose.
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