P. v. Conkright CA1/2
Defendant Joseph Brooks Conkright appeals from a judgment of conviction after jury trial. Among other things, Conkright was found guilty of the involuntary manslaughter of his mother, Danae Conkright, and to have personally used an assault weapon in this crime under Penal Code section 12022.5, subdivision (b). He challenges the imposition of this personal use enhancement on multiple grounds, argues the prosecutor engaged in prejudicial misconduct in closing argument, and contends that in any event, we must remand this matter for resentencing in light of the recent amendment of section 12022.5 to give the trial court the opportunity to exercise its discretion to strike the firearm enhancement in the interest of justice. We agree that defendant is entitled to remand for resentencing, but otherwise affirm the judgment.
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