P. v. Esquivel CA1/3
Appellant Antonio DeJesus Esquivel appeals the trial court’s order denying his request to strike or reduce the 25-year-term firearm enhancement imposed on him under Penal Code section 12022.53, subdivision (d) (section 12022.53(d)). He argues his case should be remanded because the trial court did not understand the scope of its discretionary sentencing powers under section 12022.53, subdivision (h) (section 12022.53(h)) when it declined to strike the firearm enhancement based on the erroneous belief it lacked authority to impose a lesser included enhancement in its place. In light of our Supreme Court’s recent decision in People v. Tirado (Jan. 20, 2022, S257658) ___ Cal.5th ___ [2022 WL 176411] (Tirado II), which concluded that a court could strike a greater firearm enhancement under section 12022.53(d) and impose a lesser uncharged enhancement instead, we reverse and remand for resentencing.
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