P. v. Munoz CA2/3
A jury convicted defendant and appellant Nicholas Anthony Munoz of shooting at an occupied motor vehicle and two counts of premeditated attempted murder, with firearm and gang enhancements. Munoz appeals, contending: (1) there was insufficient evidence to support the jury’s finding that the attempted murders were willful, premeditated, and deliberate; (2) the trial court committed instructional error; and (3) the matter must be remanded to allow the trial court to exercise its discretion to strike or dismiss the firearm enhancements pursuant to Penal Code section 12022.53, subdivision (h). We affirm Munoz’s convictions, but vacate his sentence and remand the matter to allow the trial court to exercise its discretion and determine whether to strike or dismiss the firearm enhancements.
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