P. v. Warner CA3
Defendant Shane Michael Warner was found guilty of assault with a semiautomatic firearm and attempted voluntary manslaughter. In conjunction with these convictions, enhancements were found true, and sentences were imposed for the personal use of a firearm and personal infliction of great bodily injury. While defendant’s first appeal was pending, the Legislature enacted Senate Bill No. 620 (2017-2018 Reg. Sess.) (Stats. 2017, ch. 682) (Senate Bill 620). We rejected the majority of defendant’s arguments on appeal; however, we remanded the matter for the trial court to decide whether to exercise its newly bestowed discretion to strike the firearm enhancement. After a hearing on remand, the trial court declined to strike the enhancement. Defendant appeals, claiming the trial court failed to adequately consider his postconviction activities. While this appeal was pending, the Governor signed Assembly Bill No. 124 (2021-2022 Reg. Sess.) (Stats. 2021, ch. 695) (Assembly Bill 124) and Sena
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