P. v. Pinon CA5
Cesar Joshua Pinon was convicted of attempted premeditated murder, attempted robbery, and resisting an executive officer, all arising out of an incident in which he shot a man after unsuccessfully trying to rob him. The jury also found true gang enhancement and firearm use enhancement allegations. He was sentenced to an aggregate term of 43 years to life in prison.
Pinon was tried with his co-defendant, Jimmy Zaragoza, who was also convicted of various offenses arising out of the same incident. Zaragoza’s appeal is addressed in a separate opinion, our case number F080295. Many of the issues raised in the defendants’ respective appeals overlap.
Pinon raises numerous issues. We conclude that, due to recent legislative enactments that took effect while his appeal was pending, Pinon is entitled to a remand for resentencing.
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