P. v. Munoz CA2/3
A jury convicted defendant and appellant Nicholas Anthony Munoz of shooting at an occupied motor vehicle and two counts of premeditated attempted murder, with gang and firearm enhancements. Munoz appealed, contending: (1) there was insufficient evidence to support the jury’s finding that the attempted murders were willful, premeditated, and deliberate; (2) the trial court committed instructional error regarding the premeditation allegation; and (3) the matter had to be remanded to allow the trial court to exercise its discretion to strike or dismiss the firearm enhancements pursuant to then-recent amendments to Penal Code section 12022.53. This court affirmed the judgment in 2018, but vacated Munoz’s sentence and remanded to allow the trial court to exercise its discretion to strike or dismiss the firearm enhancements. The California Supreme Court granted review and, after passage of Senate Bill No. 1437 (2017–2018 Reg. Sess.) (Senate Bill 1437), transferred the matter back to us
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