P. v. Hieatt CA2/2
Defendant and appellant Austin Hieatt pled no contest to two counts of second degree robbery. He admitted personally using a handgun during the commission of one robbery (§ 12022.53, subd. (b)) and one prior strike allegation (§§ 667, subds. (b)-(j), 1170.12).
Pursuant to the terms of the negotiated plea agreement, the trial court sentenced defendant to 18 years in prison: six years for count 5, plus two years for count 1, and 10 years for the firearm enhancement. Various fines and fees were imposed. Defendant received 465 days of presentence custody credit. The trial court issued a certificate of probable cause, and defendant filed a notice of appeal.
On appeal, defendant argues that pursuant to People v. Hurlic (2018) 25 Cal.App.5th 50 (Hurlic), his case must be remanded so that the trial court can exercise its discretion as to whether to lessen defendant’s sentence pursuant to amended section 12022.53, subdivision (h).
We affirm.
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