P. v. Garcia CA2/2
Gregory Steven Garcia (defendant) was convicted of second degree murder. The trial court sentenced defendant to 40 years to life. As part of that sentence, the court imposed a term of 25 years to life for personally and intentionally discharging a firearm and proximately causing death pursuant to Penal Code section 12022.53, subdivision (d). Defendant appealed, arguing that the court should have exercised its newly conferred authority—under section 12022.53, subdivision (h)—to “strike or dismiss an enhancement” under section 12022.53 to substitute a 10-year or 20-year enhancement under subdivisions (b) or (c) of section 12022.53. We rejected this argument in a published opinion, reasoning that the lesser enhancements had not been presented to, or found to be true by, the jury. (People v. Garcia (2020) 46 Cal.App.5th 786.)
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