P. v. Lopez CA4/2
Defendant and appellant Steven Lopez was found guilty of second degree murder and the jury found true the special allegation that he personally used a firearm causing great bodily injury or death within the meaning of Penal Code section 12022.53, subdivision (d). At sentencing, the trial court refused to strike the firearm enhancement and imposed the 25 years to life sentence on the section 12022.53, subdivision (d), enhancement. Defendant filed an appeal contending the trial court should have exercised its discretion to strike the enhancement under section 12022.53, subdivision (d), and instead, impose sentence on a lesser included enhancement. In an unpublished opinion People v. Steven Lopez (Jul. 28, 2020, E071797) [nonpub. opn.] (Opinion) we ruled—based on the state of the law at the time—that the trial court only had discretion to strike or impose the section 12022.53, subdivision (d), enhancement. Defendant filed a petition for review, which was granted.
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