P. v. Hernandez CA2/4
Luis C. Hernandez appeals from a judgment convicting him of carjacking and sentencing him to 33 years in prison. He contends his sentence should be vacated and the case remanded to allow the trial court to decide whether to strike a 10-year firearm enhancement under Penal Code section 12022.53 and a 5-year prior serious felony enhancement under section 667.
We conclude that the matter must be remanded to allow the trial court to decide whether to exercise its discretion to strike the prior serious felony enhancement and resentence Hernandez fully aware of its sentencing discretion. We therefore affirm the judgment of conviction, vacate the sentence, and remand for resentencing.
Comments on P. v. Hernandez CA2/4