P. v. Salazar CA2/3
Defendant and appellant Gildardo Salazar was convicted of second degree murder with a firearm enhancement, and sentenced to 40 years to life in prison. He contends the trial court erred by admitting evidence, and 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 Salazar’s conviction, but vacate his sentence and remand the matter to allow the trial court to exercise its discretion and consider whether to strike or dismiss the firearm enhancements.
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