P. v. Cox CA3
A jury convicted defendant Devonnae Cox on two counts of robbery (Pen. Code, § 211) and found true an enhancement allegation for personal use of a firearm (§ 12022.53, subd. (b)). The trial court sentenced him to 13 years in state prison.
Defendant now contends we must remand the matter for a new sentencing hearing because Senate Bill No. 620 (2017-2018 Reg. Sess.; Stats. 2017, ch. 682, §§ 1 & 2) (Senate Bill 620), which became effective January 1, 2018 and gives the trial court discretion to strike a firearm enhancement in the interest of justice, applies retroactively to cases not yet final on appeal. The People agree and so do we. We will remand for resentencing.
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