P. v. Ceballos CA1/2
Defendant Andrew Ceballos was convicted of second degree murder and assault with a semiautomatic firearm after he fired eight shots through the closed door of a crowded bedroom, killing one of the five people inside. Defendant appealed, and in August 2018, we affirmed the judgment of conviction. But, based on a change in the law, we remanded the case “for the sole purpose of allowing the trial court to exercise its discretion under subdivision (h) of [Penal Code] section 12022.53” whether to strike the
25-year enhancement imposed for personal use of a firearm.
Prior to resentencing, defendant filed a sentencing memorandum that raised additional claims attacking his sentence, claims not even responded to in the People’s opposition memorandum. The trial court declined to strike the enhancement. And as to defendant’s additional claims, the trial court noted they had already been decided and rejected on appeal, and, even if it were to consider the claims, it would deny them on the m
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