P. v. Gilmore CA2/4
Following a jury trial, appellant Jamal Lee Gilmore was convicted of felony battery on a peace officer and misdemeanor battery on a custodial officer. He contends the prosecution engaged in racial discrimination in exercising a peremptory challenge to a prospective African-American juror; additionally, he challenges the trial court’s denial of his motion for acquittal and asserts the existence of sentencing error. In supplemental briefing, he also contends we should remand the matter for resentencing pursuant to Senate Bill No. 1393 (2017-2018 Reg. Sess.) (S.B. 1393), which becomes effective January 1, 2019, and provides the trial court with discretion to strike enhancements for serious felony convictions. We agree with the last contention. Accordingly, we remand for resentencing, but in all other respects affirm the judgment.
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