P. v. Morelos CA3
Defendant Tomas Morelos was convicted of attempted murder and assault with a firearm for shooting multiple rounds at an occupied truck. He challenges both convictions, contending there was insufficient evidence to establish the victim was inside the truck at the time of the shooting. Defendant further contends the trial court erred by denying his motion for a new trial, based on newly discovered evidence.
After we issued an opinion affirming the judgment and our Supreme Court denied his petition for review, defendant filed a petition to recall the remittitur and remand for resentencing, arguing he is entitled to the benefit of the recent amendments to Penal Code sections 12202.5 and 12022.53, which went into effect January 1, 2018, pursuant to Senate Bill No. 620. The bill grants trial courts the discretion to strike or dismiss firearm enhancements. We granted the petition to recall the remittitur, vacated our decision, and reinstated the appeal.
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