P. v. Collins CA3
Appointed counsel for defendant Denisho Demmetrius Collins filed an opening brief that sets forth the facts of the case and asks this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) Defendant later filed a supplemental brief arguing that the trial court constitutionally erred by reducing his first degree murder conviction to second degree murder.
After briefing was complete, defendant’s counsel filed a supplemental opening brief arguing that we must remand the matter so that the trial court may exercise its discretion on whether to strike defendant’s firearm enhancement under legislation that became effective January 1, 2018. We conclude the trial court properly reduced defendant’s conviction to second degree murder. We agree, however, that remand is necessary to allow the trial court to exercise its discretion as to whether to strike the firearm enhancement under the recent amendment t
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