P. v. Ponce CA3
A jury convicted defendant Christian Ponce of attempted murder and discharging a firearm at an occupied motor vehicle. In connection with both offenses, the jury found true allegations of personal discharge of a firearm causing bodily injury, personal discharge of a firearm, and personal use of a firearm.
The trial court sentenced defendant to serve the low term of five years in prison for attempted murder plus 25 years to life for the firearm enhancement under Penal Code section 12022.53, subdivision (d).
In this appeal, defendant contends (1) defense counsel rendered ineffective assistance in failing to object to statements made by the prosecutor during closing argument and (2) remand is required because defendant is entitled to the benefit of the amendment of sections 12022.5 and 12022.53 that gives a sentencing court discretion to strike firearm enhancements.
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