P. v. Santisteven CA1/2
A jury found Robert Santisteven guilty of first degree murder and found true the allegation that, in committing the murder, he personally and intentionally discharged a firearm in violation of Penal Code sections 12022.5, subdivision (a), and 12022.53, subdivision (d). Defendant argues on appeal that the trial court breached its sua sponte instructional duty by failing to give an accomplice jury instruction and abused its discretion by admitting jail notes. He also claims he is entitled to the benefit of the statutory change allowing the trial court discretion to strike the firearm enhancements and asks for his case to be remanded for resentencing. We will remand the matter for further consideration of the firearm enhancements and otherwise affirm the judgment.
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