P. v. Trejo CA2/3
Defendant and appellant Manuel Trejo pleaded guilty to, among other things, second degree robbery and a firearm enhancement under Penal Code section 12022.53, subdivision (b). He was sentenced as a second striker, and the trial court imposed a sentence on the enhancement. Trejo appealed, contending only that the trial court misunderstood the scope of its discretion when denying his Romero motion. In an opinion filed September 11, 2017, we rejected that contention and affirmed the conviction. Trejo petitioned for review of our decision and also applied for leave to amend his petition to raise newly enacted Senate Bill No. 620, which was to take effect January 1, 2018 and which gives trial courts the discretion to strike certain firearm enhancements. The Supreme Court granted Trejo’s application and petition for review and transferred the matter to this court “with directions to vacate [our] decision and reconsider the cause in light of S.B. 620 (Stats. 2017, ch. 682).”
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