P. v. Lacy CA3
A jury convicted defendant Dameon Lacy of second degree robbery (Pen. Code, § 211) and sustained the allegation that defendant personally used a firearm (§ 12022.53, subd. (b)).
Sentenced to state prison for an aggregate term of 12 years, defendant appeals. He contends he is entitled to the ameliorative benefit of the amendment to section 12022.53 which allows the sentencing court to exercise discretion under section 1385 to strike or dismiss the firearm-use enhancement. We agree and will remand the matter to the trial court.
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