P. v. Tuiono CA4/2
A jury convicted defendant Samuel Tuiono of attempted murder (Pen. Code, §§ 664, 187, subd. (a), count 1) and robbery (Pen. Code, § 211, count 2), and found true the firearm use enhancement attached to both offenses. (§§ 12022.53(d), 1192.7, subd. (c)(8).) The trial court sentenced him to a total term of 32 years to life in state prison, including 25 years to life for the firearm use enhancement.
Defendant appealed, arguing remand was necessary (1) to permit the court to exercise its authority—under section 12022.53(h)—to strike the 25-year enhancement under section 12022.53(d), and impose a lesser uncharged enhancement under either section 12022.53(b) or section 12022.53(c), and (2) to give defendant the opportunity to request a hearing on his ability to pay the various fines and fees imposed. Defendant further argued there was a sentencing error in the abstract of judgment.
On March 25, 2020, we filed a nonpublished opinion rejecting his arguments and affirming the judgment.
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