P. v. Liner CA2/4
Cordale Liner was convicted by jury on one count of assault with a firearm. (Pen. Code, § 245, subd. (a)(2)). The jury also found true allegations that appellant personally used a firearm (§ 12022.5, subd. (a)) and inflicted great bodily injury (§ 12022.7). Appellant’s sole contention on appeal is that the case must be remanded to the trial court for it to exercise its discretion under section 12022.5, subdivision (c), as amended by Senate Bill No. 620 (SB 620) effective January 1, 2018, whether to strike the section 12022.5 enhancement. We agree with appellant and remand for the trial court to exercise its discretion.
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