P. v. Howard CA1/1
A jury convicted defendant Justin Howard of first degree murder (Pen. Code, §187, subd. (a)). An enhancement for having committed the murder by personally and intentionally discharging a firearm (§ 12022.53, subd. (d)) was also found to be true. Defendant was sentenced to an aggregate term of 50 years to life. On appeal, he contends the trial court erred in admitting information derived from his medical records, and in allowing the admission of late-discovered evidence retrieved from his cellular phone. He also raises certain postconviction sentencing and parole hearing issues. We remand for the trial court to exercise its discretion to dismiss gun use enhancement under recently enacted Senate Bill No. 620, as well as to permit defendant to introduce evidence relevant to his future youth parole suitability hearing. We otherwise affirm the judgment.
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