P. v. Woods CA3
This case returns to us following remand to the trial court to exercise its discretion as to whether to strike defendant Montrell Woods’s firearm enhancement under Penal Code section 12022.53, subdivision (d) pursuant to the trial court’s authority under Senate Bill No. 620 (2017-2018 Reg. Sess.) and the associated amendment to section 12022.53, subdivision (h), effective January 1, 2018. (People v. Woods (2018) 19 Cal.App.5th 1080, 1090-1091.) Section 12022.53, subdivision (h) gives trial courts discretion to “strike or dismiss” a section 12022.53 enhancement “in the interest of justice pursuant to [s]ection 1385 and at the time of sentencing . . . .”
At resentencing, the trial court declined to strike the enhancement.
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