P. v. Torres CA2/8
A jury convicted defendant Victor Torres of assault with a semi-automatic firearm and negligent discharge of a firearm, and found true the allegation that defendant had personally used a firearm under Penal Code section 12022.5, subdivision (a). On appeal, defendant contends that legislation effective January 1, 2018, ending the statutory prohibition on a trial court’s ability to strike a firearm enhancement (see §§ 12022.5 & 12022.53), applies and requires a remand for a new sentencing hearing. Respondent concedes and we agree that remand is required for the exercise of the trial court’s discretion to decide whether to strike the firearm enhancement under the new legislation. Accordingly, we affirm and remand.
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