P. v. Cruz CA2/3
Wilfredo Cruz appeals from his conviction and sentence for the murder of Norman Earl Edwards. Cruz contends the prosecutor committed misconduct in her closing argument by misstating the law defining deliberation and premeditation and by arguing facts she had not proved. Cruz also contends his trial lawyer was constitutionally ineffective in failing to object to this misconduct. In a supplemental brief, Cruz asks us to remand his case to the trial court for the court to consider whether to strike the firearm enhancement under Senate Bill 620, which took effect on January 1, 2018.
We find no error in the prosecutor’s closing argument, and therefore affirm Cruz’s conviction. We remand the case to the trial court for the court to exercise its discretion to strike or to decline to strike the punishment imposed for Cruz’s intentional discharge of a firearm causing Edwards’s death.
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