P. v. Sumlin CA2/7
Following a jury trial David Arnold Sumlin was convicted of one count of attempted second degree robbery and four counts of assault with a firearm. The jury found true special allegations Sumlin had personally used a firearm during the attempted robbery and aggravated assaults. Sumlin was sentenced as a second-strike offender, based on a prior juvenile adjudication, to an aggregate state prison term of 18 years. On appeal Sumlin does not challenge his convictions but argues the trial court improperly sentenced him pursuant to a firearm enhancement not found true by the jury. Sumlin further argues remand for resentencing is necessary to allow the trial court to exercise its discretion to strike the firearm enhancements under recent amendment to Penal Code sections 12022.5 and 12022.53. We affirm the convictions and remand for the trial court to hold a new sentencing hearing and to correct several errors in the minute orders recording the verdict and sentence imposed.
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