P. v. Shyne CA4/2
Defendant and appellant Larry Darnell Shyne is serving 50 years to life for first degree murder with a firearm enhancement after being convicted, appealing, and being resentenced for murdering a woman while attempting to rob her in 2008. He now appeals a second time, seeking a remand so the trial court can exercise its sentencing discretion under the newly enacted Senate Bill No. 620 (2017-2018 Reg. Sess.). The People concur that Senate Bill No. 620 is retroactive to this case. We remand so the trial court can consider whether to strike the Penal Code section 12022.53 firearm enhancement. We also order the abstract of judgment corrected to reflect that defendant was convicted and sentenced on count 3 for attempted robbery.
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