P. v. Vasquez CA2/6
Pedro Vasquez appeals from judgment after a jury convicted him of two counts of second degree murder for the killing of two brothers, Juan and Antonio Aguilar. The jury found that Vasquez personally discharged a firearm during each offense. (Pen. Code, § 12022.53, subds. (d).) The trial court sentenced Vasquez to a total term of 80 years to life, comprised of two consecutive terms of 15 years to life for the murders and 25 years to life for each of the firearm enhancements.
We reject Vasquez’s contention that there was sufficient evidence of provocation to require the trial court to instruct the jury on voluntary manslaughter sua sponte. We agree the trial court should have an opportunity to exercise its discretion to strike the firearm enhancements in the interest of justice under the 2018 amendment to section 12022.53, subdivision (h). The amendment became effective days before Vasquez was sentenced and the trial court appears not to have been aware of it.
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