P. v. Lopez CA6
Defendant David Lopez pleaded no contest to first degree robbery and admitted he personally used a firearm in the commission of the offense. (Pen. Code, §§ 211, 212.5, subd. (a), 12022.53, subd. (b).) The trial court imposed a total term of eight years in state prison, including four years for the firearm enhancement.
Lopez contends we must remand to the trial court for resentencing because, after the trial court imposed the above sentence, the Legislature amended section 12022.53 to grant trial courts the discretion to strike or dismiss firearm enhancements. He argues that the amendment applies retroactively to his case under In re Estrada (1965) 63 Cal.2d 740 (Estrada). The Attorney General contends this claim is not cognizable because the trial court did not grant a certificate of probable cause under section 1237.5.
As set forth below, we conclude Lopez is entitled to retroactive application of the newly amended section 12022.53. We further conclude this claim is cogni
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