P. v. Wagner CA2/4
Appellant Glen Austin Wagner appeals the judgment following his convictions for first-degree murder and mayhem. The jury also found true sentence enhancement allegations for personal and intentional discharge of a firearm and proximately causing great bodily injury, and for committing the crimes for the benefit of a criminal street gang. Appellant contends (1) he was afforded ineffective assistance of counsel, who failed to discover that his prior felony burglary conviction used to impeach his testimony had been reduced to a misdemeanor, (2) the trial court erroneously admitted a witness’s involuntary statements to police, and counsel provided ineffective assistance by failing to make a timely motion to suppress, and (3) remand is required so that the trial court may exercise its newly enacted discretion to strike the firearm enhancements pursuant to Senate Bill No. 620 (Stats. 2017, ch. 682, § 2), and to correct a miscalculation of his pre-sentence credits.
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