P. v. Stinson CA3
The trial court denied defendant Davonte Stinson’s request to strike or reduce a firearm enhancement under Penal Code section 12022.53, subdivision (b). Defendant appeals, arguing the court misunderstood its discretion because it declined to modify the enhancement of conviction to an uncharged lesser enhancement not considered by the jury.
In an unpublished opinion, we affirmed the trial court’s order. (People v. Stinson, April 29, 2022, C093993 [nonpub. opn.].) On transfer, defendant contends the matter must be remanded to allow the trial court to exercise its discretion whether to strike or reduce the section 12022.53, subdivision (b) firearm enhancement. The Attorney General offers no opposition. We will remand the matter to allow the trial court to exercise its discretion accordingly.
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