P. v. Delacruz CA2/1
In 2017, a jury convicted defendant and appellant Sergio Delacruz of (count 1) willful and deliberate attempted murder (Pen. Code, §§ 187, subd. (a), 664) and (count 2) discharging a firearm from a motor vehicle (§ 26100, subd. (c)), and found true various firearm (§ 12022.53, subds. (b)–(e)) and gang (§ 186.22, subd. (b)) enhancements on both counts. Delacruz contends the trial court erred by imposing firearm enhancements on his conviction in count 2 because discharging a firearm from a motor vehicle is not an enumerated offense for enhancements under section 12022.53. In addition, he contends we must remand the case to allow the trial court to exercise its discretion under Senate Bill No. 620 (2017−2018 Reg. Sess.) (Stats. 2017, ch. 682) (Senate Bill No. 620) whether to strike the firearm enhancement on his conviction of attempted murder in count 1. We agree with both contentions, and therefore remand the case for a new sentencing hearing.
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