P. v. Lucero CA5
The Tuolumne County District Attorney charged defendant with the murder of Rick Roberts and alleged various firearm enhancements. (§§ 187, subd. (a), 12022.5, subd. (a)(1), 12022.53, subds. (b)–(d).) The jury found defendant guilty of first degree murder and determined that she personally and intentionally discharged a firearm, resulting in Roberts’s death. (§ 12022.53, subd. (d).) The jury did not make findings on the lesser firearm enhancements. The trial court sentenced defendant to a term of 25 years to life for murder and a consecutive term of 25 years to life for the firearm enhancement.
On January 28, 2019, we vacated defendant’s sentence and remanded for resentencing in light of Senate Bill No. 620 (2017–2018 Reg. Sess.; Stats. 2017, ch. 682, § 1) (Senate Bill 620), which granted trial courts the discretion to strike firearm enhancements if justice so requires. (§§ 12022.5, subd. (c), 12022.53, subd. (h).)
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