P. v. Cervantes CA5
Appellant Ruben Tony Cervantes was convicted by jury trial of attempted deliberate and premeditated murder in which he personally used a firearm and other crimes arising out of an incident where he shot his pregnant girlfriend in the face. On appeal, he contends that the evidence was insufficient to support the jury’s finding of premeditation and deliberation. He also contends the matter should be remanded to allow the trial court to exercise its discretion whether to strike the firearm enhancement pursuant to Senate Bill No. 620. We agree that remand is appropriate for the limited purpose of giving the trial court discretion whether to strike the firearm enhancement. In all other respects, we affirm.
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