P. v. Paige CA1/1
A jury convicted defendant Leondre Paige of first degree murder (Pen. Code, § 187, subd. (a)) and also found he personally used and discharged a firearm causing great bodily injury (§ 12022.53, subds. (b)–(d)). On appeal, he contends multiple statements the prosecutor made during the course of the trial constituted misconduct, or alternatively that his trial counsel was ineffective for failing to object to those comments. He also contends the trial court erred by failing to conduct a Marsden hearing. In supplemental briefing, defendant further asks that his sentence be reversed and the matter be remanded to permit the trial court to exercise its discretion as to whether to strike the firearm enhancement pursuant to Senate Bill No. 620. The Attorney General agrees section 12022.53 applies retroactively and that the matter should be remanded. We affirm the judgment, but remand for the trial court to consider resentencing under amended section 12022.53, subdivision (h).
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