P. v. Fuentz CA4/1
Based on his conviction by jury for numerous counts, defendant Richard Anthony Fuentez again appeals. He contends his case must be remanded for resentencing in light of an amendment to the firearm enhancement statute under which he was sentenced. (Pen. Code, § 12022.53.) The People properly concede the amendment operates retroactively on cases like Fuentez's. But they also argue that remand would serve no purpose. We disagree on the latter point. Although the record suggests it is unlikely the trial court will reduce Fuentez's sentence, it does not clearly show that the court will not. Accordingly, we remand for resentencing.
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