P. v. Zatarain CA2/8
A jury found Manuel Zatarain, Jr. guilty of first degree murder (Pen. Code, § 187, subd. (a)) and found true allegations that he personally discharged a firearm causing death (§ 12022.53, subd. (d)), and that he committed murder for the benefit of a street gang (§ 186.22, subd. (b)(1)(C)).
Zatarain contends the trial court erred when it imposed and stayed a 10-year sentence for the gang enhancement because the appropriate punishment was a minimum parole term of 15 years. He also argues we should remand the matter for resentencing to allow the trial court to exercise its discretion under new legislation which ended the statutory prohibition on a trial court’s ability to strike the firearm enhancement in this case. The Attorney General agrees.
We remand for resentencing and order the abstract of judgment modified, but otherwise affirm the judgment as modified.
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