P. v. Jaramillo CA2/8
A jury convicted defendant and appellant John Jaramillo of one count each of assault with a firearm, possession of ammunition, and possession of a firearm by a felon. Defendant was sentenced to state prison for 22 years four months, including a four-year term pursuant to Penal Code former section 12022.5. Defendant contends the trial court committed evidentiary errors and abused its discretion in denying his motion brought pursuant to People v. Superior Court (Romero) (1996) 13 Cal.4th 497 (Romero).
In our original unpublished opinion filed September 29, 2017, we affirmed the judgment of conviction. Defendant filed a petition for review with the Supreme Court. While defendant’s petition was pending in the Supreme Court, the Legislature amended Penal Code section 12022.5 effective January 1, 2018. The amended statute grants trial courts the discretion to strike or dismiss a firearm enhancement under section 12022.5 in the interests of justice.
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