P. v. Shields CA1/3
This is an appeal from judgment following defendant Remon Arthur Shields’s 1999 conviction at age 17 for special circumstance first degree murder committed by use of a firearm. Defendant seeks remand for resentencing on the basis of alleged miscalculations of his custody and conduct credits. Defendant also seeks remand in light of the electorate’s recent enactment of Proposition 57, the Public Safety and Rehabilitation Act of 2016, and subsequent statutory amendments, in order for the trial court to exercise its discretion to strike the consecutive term he received for the firearm enhancement. For reasons provided below, we reverse the judgment and remand to the trial court to: (1) exercise its discretion and decide whether to strike or dismiss the firearm enhancement in accordance with newly amended Penal Code sections 12022.5, subdivision (c) and 12022.53, subdivision (h); and (2) modify the abstract of judgment to award him two additional days of presentence conduct credits.
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