P. v. Bowen CA1/5
In 2016, a jury convicted James Frank Bowen of first degree murder, possession of firearm by a felon, and shooting at an occupied vehicle. The jury found true numerous enhancement allegations, including that during the murder, Bowen personally and intentionally discharged a firearm causing personal injury and death. The trial court sentenced Bowen to 107 years to life in prison, which included a mandatory enhancement under section 12022.53, subdivision (d).
On appeal, Bowen contends the court erred by failing to hold a hearing pursuant to People v. Marsden (1970) 2 Cal.3d 118 (Marsden). Bowen also argues—and the Attorney General agrees—his case must be remanded to allow the court to exercise its discretion under section 12022.53, subdivision (h), and to conduct proceedings pursuant to People v. Franklin (2016) 63 Cal.4th 261 (Franklin). We accept the Attorney General’s concession and order a limited remand. In all other respects, we affirm the judgment.
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