P. v. Grey CA5
Appellant Ellis Grey appeals following his convictions on one count of attempted voluntary manslaughter (Pen. Code, §§ 192, subd. (a), 664) and one count of assault with a firearm (§ 245, subd. (a)(2)). Included in appellant’s sentence are enhancements under both counts for use of a firearm (§ 12022.5) and infliction of great bodily injury (§ 12022.7), as well as two enhancements related to prior felony convictions (§ 667.5). In his initial briefing, appellant asserts the prosecution improperly dismissed potential jurors based on their race. In supplemental briefing, appellant contends remand is required so the trial court can consider whether to strike or dismiss the firearm enhancements. For the reasons set forth below, we reverse appellant’s convictions and remand for further proceedings.
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