Opinion following rehearing
In 2009, our unpublished opinion in People v. See (Dec. 18, 2009, F055800), affirmed the judgment of appellant Lavang See, who had been convicted of murder (Pen. Code, § 187, subd. (a); count 1) and conspiracy to commit murder (§ 182, subd. (a)(1) & § 187; count 2). He was 16 years old when these crimes occurred. He was initially sentenced to life without the possibility of parole (LWOP), plus 25 years to life for a firearm enhancement.
However, following Miller v. Alabama (2012) 567 U.S. 460, appellant was resentenced. On September 21, 2016, his LWOP was reduced to an indeterminate term of 25 years to life (§ 187, subd. (a); count 1) with an additional 25 years to life for the firearm enhancement (§ 12022.53, subds. (d) & (e)(1)).
Appellant subsequently appealed again to this court, asserting his matter should be remanded for the trial court to exercise its new statutory discretion to strike or dismiss the imposed firearm enhancement under section 12022.53, subdivisi
Comments on Opinion following rehearing