P. v. Boxie CA2/8
A jury convicted defendant Jarrod Boxie of second degree murder and possession of a firearm by a felon. He was sentenced to 40 years to life in state prison. On appeal, he argues the trial court erred in (1) not ordering the disclosure of the identity of a confidential informant, (2) denying his motion for a new trial, and (3) staying a gang enhancement. We conclude the court did not err in denying defendant’s motion for disclosure of the informant’s identify, or denying a new trial. As to the gang enhancement, the attorney general concedes and we agree it should be stricken.
In supplemental briefing, defendant contends that legislation effective January 1, 2018, ending the statutory prohibition on a trial court’s ability to strike a firearm enhancement applies and requires a remand for a new sentencing hearing. We agree that the new legislation applies retroactively to defendant, however, we conclude a remand for resentencing is not required.
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