P. v. Acuna CA2/4
Benito Acuna appealed from a judgment entered upon his jury conviction of gang-related first-degree murder in People v. Acuna (June 15, 2011, B223744) [nonpub.opn.]. This court remanded the matter for a new Pitchess hearing to determine whether material information had been omitted in the initial Pitchess review conducted by the trial court. Following remand, a second Pitchess hearing was held and the trial court made no new disclosures. Appellant asks that we independently review the sealed transcript of the second Pitchess hearing to determine whether material information was omitted. We conclude that material, discoverable information was omitted and remand for its disclosure and further proceedings in accordance with this opinion.
Appellant also argues we must remand for the trial court to exercise its discretion, recently conferred by the passage of Senate Bill No. 620 (2017-2018 Reg. Sess.), to strike firearm use enhancements under Penal Code section 12022.53. We agre
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