P. v. Marshall CA2/4
Patrick Marion Marshall appeals from a judgment convicting her of robbery and assault. She contends that (1) this matter should be remanded to allow the trial court to decide whether to strike firearm enhancements under Penal Code sections 12022.5 and 12022.53; and (2) the trial court committed an error in sentencing, which should be corrected on appeal by reducing her sentence. The People agree with the first contention and agree that the court committed a sentencing error, but argue that the proper remedy is to remand the matter for resentencing by the trial court. We conclude that the matter must be remanded to allow the trial court to (1) decide whether to exercise its discretion to strike the firearm enhancements, (2) correct the sentence for assault, and (3) resentence Marshall fully aware of its sentencing discretion. We therefore affirm the judgment of conviction, vacate the sentence, and remand for resentencing.
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