P. v. Vargas CA2/5
A jury convicted Diamond Vargas (defendant) of one count of assault with a semiautomatic weapon as to victim Al Dawoud (Pen. Code, § 245, subd. (b) (count 3)), but deadlocked as to the charged offenses against five other victims. The jury also found true the allegation that she personally used a semiautomatic firearm to commit the offense. We reject defendant’s claim of instructional error, but remand for the limited purpose of allowing the trial court to consider whether to exercise its discretion under section 12022.5, subdivision (c), to strike or dismiss the firearm enhancement in furtherance of justice (§ 1385).
Comments on P. v. Vargas CA2/5