P. v. Anderson CA1/1
Defendant David Lee Anderson was found guilty by a jury of (1) mayhem, (2) assault with a firearm, (3) second degree robbery, and (4) assault by means likely to produce great bodily injury. The jury also found certain enhancements, including firearm enhancements, to be true. On appeal, he asserts the trial court erred in denying his motion to discharge his retained attorney after trial had commenced. He further contends the court erred in imposing a full consecutive term rather than a subordinate term for his robbery conviction. In supplementary briefings, he also asserts his case must be remanded so the trial court may exercise its discretion under recently enacted statutory amendments to strike the firearm enhancements and to dismiss a prior serious felony conviction enhancement. We agree that the sentence on the robbery conviction must be modified. We also concur that the matter must be remanded for the court to exercise its discretion to dismiss the relevant enhancements.
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