P. v. Cho CA4/3
A jury convicted Beong Kwun Cho of voluntary manslaughter (Pen. Code, § 192, subd. (a); all further statutory references are to the Penal Code), and found true a sentence enhancement for personal use of a firearm (former § 12022.5, subd. (a)).
The court sentenced Cho to an aggregate term of 10 years, comprised of the midterm sentence of six years for the voluntary manslaughter, plus a consecutive midterm of four years for the section 12022.5, subdivision (a) firearm enhancement.
Cho asserts the court violated his constitutional rights to due process and equal protection by relying on improper and unsupported reasons to impose midterm sentences. Cho also argues a recent amendment to section 12022.5 applies retroactively. Under the amended statute, the sentencing court now has discretion to strike the section 12022.5, subdivision (a) firearm enhancement under section 1385, subdivision (a).
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