P. v. Sloan CA1/2
A jury found defendant Israel Warren Sloan guilty of second degree burglary, and found true enhancement allegations that he had been armed with, and had personally used, a firearm during the commission of the robbery. The trial court sentenced defendant to state prison for two years on the robbery, plus 10 years for his personal use of the firearm. Defendant appealed, contending that the sentence violated the guarantees of the federal and state Constitutions against cruel and/or unusual punishment.
During the pendency of this appeal, an amendment to Penal Code section 12022.53 vested trial courts with the power to strike or dismiss enhancements for the personal use of a firearm. Defendant and the Attorney General filed supplemental briefs, both agreeing that this enactment justifies a remand to the trial court to give it the opportunity to exercise this new discretion.
Comments on P. v. Sloan CA1/2