P. v. Leedy CA3
Defendant Rakim Exavier Leedy appeals from his convictions for assault with a deadly weapon (Pen. Code, § 245, subd. (a)(2)—count 1) and discharging a firearm from a vehicle (§ 26100, subd. (c)—count 2) with true findings on both counts that he personally used a firearm (§ 12022.5, subd. (a)). On appeal, he contends: (1) the matter must be remanded to allow the trial court to consider exercising its discretion to strike the firearm enhancements; (2) the true finding on the firearm enhancement on count 2 must be stricken as it was not alleged in the information in violation of his due process rights; and (3) he is entitled to an additional day of custody credit. We agree the matter must be remanded to the trial court to consider exercising its discretion on the firearm enhancement, and we find the imposition of a firearm enhancement on count 2 was an unauthorized sentence that can be corrected at any time. We will reverse the judgment and remand the matter to the trial court
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