P. v. Alvarado CA6
In his second appeal to this court, appellant Fabian Alvarado argues his sentence must be vacated and remanded to the trial court for reconsideration. This court previously reversed one of the counts of conviction and vacated Alvarado’s prior sentence. At the subsequent resentencing, the trial court did not strike or dismiss two firearm enhancements. (Pen. Code, § 12022.53, subd. (h).) Alvarado contends the record does not make clear whether the trial court understood at his resentencing its discretion to impose lesser included firearm enhancements, and therefore the sentence must be vacated. We agree and remand for the trial court to exercise its informed discretion.
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