P. v. Hernandez CA2/2
Noe Hernandez (appellant) was convicted and sentenced to 15 years to life as to one count of murder and three counts of attempted murder. Additionally, as to each count, he received a firearm enhancement of 25 years to life pursuant to Penal Code section 12022.53, subdivision (d). The 10-year and the 20-year enhancements under section 12022.53, subdivisions (b) and (c) were stayed.
In this appeal, appellant seeks a new sentencing hearing in light of Senate Bill No. 620 (SB 620), a bill that amended section 1385, subdivision (h) and gave trial courts the discretion to strike firearm enhancements pursuant to section 12022.53. We conditionally reverse the firearm enhancements and remand the matter to the trial court to determine whether to strike any or all of the enhancements. If the trial court does not strike any of the enhancements, then the enhancements shall be reinstated as originally imposed or stayed. In all other respects, the judgment is affirmed.
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