P. v. Harris CA5
Appellant Xavier Tavares Harris stands convicted of robbery and unlawful possession of a firearm by a felon. Penal Code section 186.22, subdivision (d) gang enhancements were found true as to both counts and a section 12022.53 firearm enhancement was found true as to the robbery count. Harris contends the evidence is insufficient to sustain the gang enhancement and the matter must be remanded for the trial court to exercise its discretion under section 12022.53, subdivision (h) to strike or dismiss the firearm enhancement. We affirm the gang enhancements and remand for the trial court to consider exercising its discretion under section 12022.53, subdivision (h).
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