P. v. Arnaud CA2/4
Appellant Robert Julio Arnaud appeals the judgment of conviction after a jury found him guilty of the attempted and premeditated first-degree murder of Antonio Lizarraga. (Pen. Code, §§ 664, subd. (a), 187, subd. (a).) The jury also found true the allegations that the offense was committed for the benefit of a criminal street gang (§ 186.22, subd. (b)(1)(C)), and that Arnaud personally and intentionally discharged a firearm causing great bodily injury to the victim (§ 12022.53, subds. (b)-(d)).
Arnaud contends the trial court abused its discretion by failing to adequately address his request to replace appointed counsel pursuant to People v. Marsden (1970) 2 Cal.3d 118 (Marsden). Arnaud also contends he is entitled to remand so the trial court can exercise its newly enacted discretion to strike the firearm-use enhancements pursuant to Senate Bill No. 620 (Stats. 2017, ch. 682, § 2). In his rehearing petition, which we granted, Arnaud further contends that Senate Bill No.
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