P. v. Collins CA3
This case comes to us for the fourth time on appeal. Defendant Denisho Demmetrius Collins appeals the trial court’s order denying his motion to strike a 20-year firearm enhancement (Pen. Code, § 12022.53, subd. (c)) after this court remanded the matter for resentencing on the enhancement following the passage of Senate Bill No. 620 (2017-2018 Reg. Sess.) (Stats. 2017, ch. 682, § 2) while defendant’s second appeal was pending. He argues the trial court abused its discretion in denying his motion to strike the enhancement because the court based its decision on an erroneous factual finding that he acted as a leader during the gang shooting that resulted in an accomplice’s death. He further contends the shooting was not more dangerous than other gang shootings, and that the trial court failed to properly consider defendant’s crime-producing background in mitigation.
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