P. v. Nunez CA3
Defendant Abelino Gonzalez Nunez was convicted of attempted first degree murder and eight other charges, in addition to several firearm enhancements. Sentenced to state prison, defendant appeals, contending insufficient evidence supports the jury’s finding that he acted with premeditation and deliberation and that the trial court erred in admitting an unidentified declarant’s statement under the spontaneous statement exception to the hearsay rule. He further contends his case must be remanded for the trial court to exercise its discretion as to whether to strike the firearm enhancement imposed pursuant to Penal Code section 12022.53, subdivision (b). We disagree with defendant’s first two contentions but agree with his last and remand for the trial court to exercise its newly granted discretion to determine whether it is appropriate to strike the firearm enhancement imposed in this case.
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