P. v. Duran CA3
Defendant Samuel Duran pleaded guilty to three counts of attempted murder of police officers. (Pen. Code, §§ 664, subd. (f), 187, subd. (a).) Defendant also admitted a firearm enhancement. (§ 12022.53, subd. (d).)
On appeal, defendant contends the trial court erred in denying his motion to withdraw his plea. He further contends the matter should be remanded to permit the trial court to exercise its discretion to strike the firearm use enhancement, pursuant to section 12022.53, subdivision (h) (Sen. Bill No. 620 (2017-2018 Reg. Sess.) eff. January 1, 2018 (Stats. 2017, ch. 682, §§ 1-2)). The People concede section 12022.53, subdivision (h), applies retroactively, but argue it would be futile to remand the matter.
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