P. v. Pineda CA2/5
When defendant and appellant Armando Pineda, Jr.’s (defendant’s) previous appeal of his conviction for a murder committed at age 17 was before this court, we conditionally reversed the judgment and remanded with directions to hold a new hearing to decide whether the juvenile court would still transfer defendant to a court of criminal jurisdiction after changes in law made by the Public Safety and Rehabilitation Act of 2016 (Proposition 57). (People v. Pineda (2017) 14 Cal.App.5th 469, 483-484 (Pineda I).) That was done, and the juvenile court found it would still order transfer. Before the criminal judgment against defendant was reinstated, however, the court of criminal jurisdiction considered and rejected defendant’s request that the court exercise discretion, given by another intervening change in the law, to strike a discharge-of-a-firearm-causing-death enhancement (Pen. Code, § 12022.53, subd. (d)) it previously imposed.
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