P. v. Rhoads CA5
A jury convicted Daniel Aaron Rhoads of second degree murder and found true an allegation of personal and intentional discharge of a firearm within the meaning of Penal Code section 12022.53, subdivision (d). The firearm enhancement added a prison term of 25 years to life to Rhoads’s sentence. On appeal, Rhoads contends the trial court was unaware of its discretion to reduce the punishment by substituting a lesser included but uncharged enhancement under subdivision (b) or (c) of the same statute. The California Supreme Court’s recent decision in People v. Tirado (2022) 12 Cal.5th 688 supports this claim. The matter will therefore be remanded to allow the trial court to consider all sentencing options under section 12022.53.
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