P. v. Ramirez CA2/2
Defendant and appellant Jose Trinidad Ramirez (defendant) appeals from both the denial of his petition filed pursuant to Penal Code section 1170.95 (B309519) and from the trial court’s order declining to exercise its discretion under section 12022.53, subdivision (h) (B311700). Finding that the trial court erred by concluding defendant had not made a prima facie showing of eligibility under section 1170.95, we reverse and remand that order with directions. Finding no abuse of discretion in its ruling under section 12022.53, subdivision (h), we affirm that order.
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