P. v. Delavega CA1/1
Defendant Eduardo Delavega was charged with murder and various enhancements, including three firearm enhancements under Penal Code section 12022.53, subdivisions (b), (c), and (d). The jury convicted Delavega of second degree murder and found true the subdivision (d) enhancement, but the verdict form did not reference the subdivision (b) and (c) enhancements. At sentencing, Delavega asked the trial court to exercise its discretion under Senate Bill No. 620 (2017–2018 Reg. Sess.) (Senate Bill No. 620) to strike the subdivision (d) enhancement, which carries a term of 25 years to life. The court declined to do so, and it sentenced Delavega to a total term of 40 years to life in prison. On appeal, he argues that the court erred because it refused to strike the subdivision (d) enhancement on the premise that it could only impose or strike that enhancement, not strike that enhancement and impose a lesser enhancement under subdivision (b) or (c).
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