P. v. Latu CA3
In this case, defendants Tomasi Latu and Sione Makaafi (who are brothers) appeal from their respective convictions stemming from a robbery.
On appeal, Latu contends the evidence was insufficient to establish he used a firearm during the robbery. (Pen. Code, § 12022.53.) He also contends the trial court erred in allowing additional argument after the jury reported they were deadlocked on the firearm enhancements. In supplemental briefing, Latu argues he is entitled to relief under statutory amendments providing the trial courts with discretion to strike section 12022.53 firearm enhancements. Since Latu’s conviction is not yet final, we will remand his case to the trial court to exercise its discretion to strike the firearm enhancements. As to his other contentions, we conclude there was sufficient evidence to support the use of a firearm during the robbery and the trial court did not abuse its discretion in ordering additional argument. The judgment against Latu is affirme
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