P. v. Hicks CA5
Frankie Lon Hicks appeals his conviction for special circumstance murder as well as his sentence (life without parole, plus a consecutive term of 25 years to life for a firearm enhancement attached to the murder charge). Hicks challenges defense counsel’s waiver of reporting of jury selection proceedings, raises several claims of ineffective assistance of counsel, and argues that the statute mandating a sentence of life without parole for special circumstance murder is unconstitutional. We reject all of these contentions. Hicks also argues that a recent ameliorative amendment to the relevant firearm enhancement statute applies retroactively to his case, requiring remand for resentencing. We agree with Hicks on this point and, accordingly, vacate his sentence and remand for resentencing. The judgment is affirmed in all other respects.
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