In re Vasquez CA4/3
This is a companion petition to the direct appeal in People v. Vasquez, G060006, which we judicially notice and file concurrently herewith. As explained in that opinion, the substantive issue presented is whether the trial court had the authority to reduce petitioner’s 25-year-to-life firearm enhancement under Penal Code section 12022.53, subdivision (d) to a lesser enhancement under that section. As a procedural matter, we must also decide whether petitioner forfeited his right to have the firearm enhancement reduced because, although he asked the trial court to strike the enhancement altogether, he did not alternatively ask the court to reduce it to a lesser one.
While the appeal was pending, the California Supreme Court decided the substantive issue in petitioner’s favor in People v. Tirado (2022) 12 Cal.5th 688, so only the forfeiture issue remains.
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