P. v. Garcia CA4/1
A jury convicted Salvador Garcia of attempted voluntary manslaughter and assault with a semiautomatic firearm. (Pen. Code, §§ 664, 192, subd. (a), 245, subd. (b).) The jury also found that Salvador personally used a firearm during the commission of the offenses. (§ 12022.5, subd. (a).) On appeal, Salvador contends that the trial court erred in failing to answer two of the jury's questions during deliberations. In supplemental briefing, Salvador raised another issue: whether the case should be remanded to permit the trial court to exercise its discretion on whether to strike or dismiss his firearm enhancement under a statutory amendment that became effective on January 1, 2018. (§ 12022.5, subd. (c).)
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