P. v. Davis CA3
A jury found defendant Jerome Markel Davis guilty of various offenses related to three separate shootings, including the attempted murder of Q.B., and found several alleged firearm enhancements true. He was sentenced to a total aggregate term of 17 years three months plus 25 years to life in state prison.
Defendant raises two issues on appeal: (1) the matter should be remanded to allow the trial court to exercise newly granted discretion over whether to strike the firearm enhancements, and (2) the court erred in failing to instruct the jury sua sponte on attempted voluntary manslaughter based on unreasonable or imperfect self-defense as a lesser included offense to attempted murder.
We conclude that the recent legislative amendments giving trial courts discretion to strike firearm enhancements apply retroactively to defendant and we shall remand the matter to the trial court to determine whether to exercise its discretion under the new law. We further conclude that insufficient
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