P. v. Chavez CA3
A jury found defendant Vincent Flavio Chavez guilty of second degree robbery and resisting or obstructing a peace officer. The jury also found true two firearm enhancements against defendant. The trial court sentenced defendant to 13 years in state prison for second degree robbery and one firearm enhancement. Defendant previously appealed the convictions. We affirmed the convictions but remanded to allow the trial court to consider whether to strike or dismiss defendant’s firearm enhancements under its new discretion granted by the amended Penal Code section 12022.53, subdivision (h). (People v. Chavez et al. (Aug. 10, 2020, C080117) [nonpub. opn.] (Chavez).)
Following remand, the trial court declined to strike the enhancements. Defendant timely appealed. When defendant’s appeal was pending, the Legislature passed Assembly Bill No. 124 (2021-2022 Reg. Sess.) (Stats. 2021, ch. 695) (Assembly Bill No. 124).
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