P. v. Vargas CA5
Appellant Daniel Sandoval Vargas stands convicted of attempted murder, shooting at an occupied motor vehicle, assault with a semiautomatic firearm, possession of a firearm by a felon, and possession of ammunition by a felon. Firearm enhancements pursuant to Penal Code sections 12022.5, subdivision (a), and 12022.53, subdivision (c), were found true. Vargas admitted four prior prison term enhancements pursuant to section 667.5, subdivision (b). Vargas was sentenced on May 17, 2017.
Vargas contends the trial court erred by failing to instruct on the lesser offense of assault with a firearm. He also contends the case must be remanded for the trial court to consider exercising its discretion on the section 12022.53 firearm enhancement after the passage of Senate Bill No. 620 (2017-2018 Reg. Sess.) (SB No. 620). We affirm.
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