P. v. Nesby CA2/7
Leondre Nesby appeals from a judgment of conviction of six counts of second degree robbery and other offenses in connection with the May 2015 robberies of two medical marijuana dispensaries. The jury also found true multiple firearm-use allegations. Nesby’s only contention on appeal is that we should remand to allow the trial court to exercise its discretion to strike the firearm-use enhancements under Penal Code sections 12022.5, subdivision (c), and 12022.53, subdivision (h). The People concede, and we agree. We affirm the judgment of conviction, but remand for resentencing for the trial court to decide whether to strike the firearm-use enhancements.
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