P. v. Smith CA2/1
Deante Smith appeals from a judgment entered following an October 17, 2017 resentencing hearing. He contends he is entitled to another sentencing hearing in light of Senate Bill No. 620, which amended Penal Code section 12022.5, effective January 1, 2018, to give trial courts discretion to strike certain firearm enhancements, and Senate Bill No. 1393, which amended Penal Code sections 667 and 1385, effective January 1, 2019, to give trial courts discretion to strike prior serious felony enhancements. For the reasons explained below, we remand the matter for the trial court to determine whether to strike the enhancements under Penal Code sections 12022.5 and 667, and if an enhancement is stricken, to resentence Smith.
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