P. v. Munoz CA2/1
Marcos Munoz appealed from the judgment entered on his conviction for first degree murder, with firearm and gang sentence enhancements, contending insufficient evidence supported the gang enhancement finding and admission of hearsay evidence violated his due process rights. In an opinion filed on October 20, 2017, we concluded the gang enhancement was supported by substantial evidence, and although the trial court erred in admitting hearsay, the error was harmless beyond a reasonable doubt. We therefore affirmed the conviction.
Before our opinion became final, the Governor signed into law Senate Bill No. 620, which amends Penal Code section 12022.53 to give trial courts discretion to strike, in the interest of justice, certain firearm use sentencing enhancements. (See Pen. Code, § 12022.53, subd. (h); Stats. 2017, ch. 682, § 2.) The amendment became effective on January 1, 2018. (See Cal. Const., art. IV, § 8, subd. (c).)
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