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P. v. Washington CA3
Defendant Teran Curtis Washington pleaded no contest to burglary and being a felon in possession of a firearm. Defendant also admitted to personally using a firearm in the commission of the burglary. The trial court sentenced defendant to an aggregate term of 13 years eight months in state prison, including a consecutive upper term of 10 years for the firearm enhancement.
On appeal, defendant contends that, under a recent amendment to section 12022.53, this matter must be remanded to the trial court so it may consider whether to strike the firearm enhancement imposed in this case. The People agree that defendant is entitled to the benefit of the recent change to the law because the amendment provides discretion to impose a lesser sentence, and because there is nothing in the amendment to suggest the Legislature intended it to apply prospectively only.

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