P. v. Wheatley CA2/2
Defendant and appellant Ricardo Cortez Wheatley (defendant) appeals from the judgment entered after he was convicted of attempted murder and other offenses. He challenges only the imposition of gang and recidivist enhancements, and asks that the case be remanded to permit the court to exercise its discretion whether to strike the firearm enhancement under the recent amendments to Penal Code sections 12022.5 and 12022.53. We reject defendant’s claim that substantial evidence did not support the gang enhancement, but we vacate the sentence to permit the trial court to exercise its discretion with regard to the firearm enhancements, and order the trial court not to reimpose the unauthorized five-year recidivist enhancements as to count 7. We affirm the judgment of conviction.
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