P. v. Dixon CA5
Appellant Joseph Leroy Dixon was charged with murder and associated enhancements for the shooting death of Shannon Case. On April 15, 2014, appellant was convicted of first degree murder (Pen. Code, § 187, subd. (a)) and special allegations of premeditation and deliberations and personal use of a firearm were found true. A separate court trial was held and a prior serious felony allegation was found true. Appellant was sentenced to an aggregate term of 75 years to life in state prison.
This appeal timely followed. We initially affirmed appellant's conviction in a nonpublished opinion dated October 11, 2017. Shortly thereafter, on October 25, 2017, appellant filed a petition for rehearing arguing the recently enacted Senate Bill No. 620 (Stats. 2017, ch. 682, §§ 1–2), effective January 1, 2018, which provides a trial court has discretion to strike certain firearm enhancements, applied retroactively to his case and warranted a remand for resentencing.
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