P. v. Arteaga CA2/3
A jury convicted defendant and appellant Carlos Arteaga of two counts of willful, deliberate, and premeditated attempted murder, with criminal street gang and firearm use enhancements. Sentenced to 35 years to life in prison, Arteaga appeals. He contends the trial court erred by refusing to instruct the jury on two lesser included offenses, and the matter must be remanded to allow the trial court to exercise its discretion to strike or dismiss the firearm enhancements pursuant to recently amended Penal Code section 12022.53, subdivision (h). We affirm Arteaga’s convictions, but remand the matter to allow the trial court to exercise its discretion and determine whether to strike or dismiss the firearm enhancements.
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