P. v. Wohlfeil CA4/2
Defendant and appellant, Michael Wohlfeil, was convicted of second degree robbery (Pen. Code, § 211, count 1); two counts of assault with a firearm (§ 245, subd. (a)(2), counts 2 & 3); false imprisonment by violence (§ 237, subd. (a), count 4); and dissuading a witness (§ 136.1, subd. (c), count 5). Additionally, the jury found true special allegations that defendant intentionally discharged a firearm in the commission of count 1, and his sentence included a 20-year prison enhancement in connection with that finding (§ 12022.53, subd. (c)). Defendant appeals, requesting only that we remand the matter to allow the trial court to exercise its discretion to consider whether to strike the enhancement and impose a lesser, uncharged firearm enhancement in its place under the authority of section 12022.53, subdivision (h).
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