P. v. Godoy CA2/3
Defendant and appellant Jorge Mario Godoy was convicted by a jury of second degree murder with a firearm use enhancement. Sentenced to 25 years to life in prison, Godoy appeals. He contends the trial court made instructional errors, requiring reversal, and the matter must be remanded to allow the trial court to exercise its discretion to strike or dismiss the firearm enhancement pursuant to recently amended Penal Code section 12022.53, subdivision (h). We affirm Godoy’s conviction, but remand the matter to allow the trial court to exercise its discretion and determine whether to strike or dismiss the firearm enhancement.
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