P. v. Ruiz CA2/6
Frank Ruiz appeals from the judgment entered after the trial court resentenced him upon remand by this court. In our original opinion (People v. Ruiz (Feb. 10, 2020, B291732) [nonpub. opn.] (Ruiz I)), we directed the trial court to exercise its discretion whether to strike a prior serious felony conviction and a firearm-use enhancement. On remand, the trial court refused to strike either. A second appeal followed. In People v. Ruiz (October 19, 2021, B307717) [nonpub. opn.] (Ruiz II), we stayed execution of a five-year gang enhancement and affirmed the judgment as so modified. The California Supreme Court granted review and transferred the matter back to us “with directions to vacate [our] decision and reconsider the cause in light of Assembly Bi1l No. 518 [(A.B. 518)] (Stats. 2021, ch. 441).”
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