P. v. Hage CA4/2
Defendant and appellant Charles Hage was convicted by a jury of first degree murder by discharging a firearm. This is defendant’s second appeal. In his first appeal (People v. Hage (Feb. 5, 2018, E065468) [nonpub. opn.] (Hage I)), in pertinent part, defendant argued that this court should remand the matter for resentencing on his firearm enhancement (Pen. Code, § 12022.53) allegation under recently enacted Senate Bill No. 620, which amended sections 12022.5, subdivision (c) and 12022.53, subdivision (h). The parties agreed in their supplemental briefs that the recent amendment applied in this case retroactively, because the amendment took effect before the judgment became final in the case. Accordingly, we remanded the matter to the trial court solely for the purpose of permitting the trial court to exercise its discretion as to whether to strike defendant’s firearm enhancement allegation. In all other respects, we affirmed the judgment in defendant’s first appeal.
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