P. v. Grajeda CA4/1
Tomas Grajeda, Jr. appeals from a postjudgment resentencing order following a judgment of the United States District Court, Central District of California (District Court) on his petition for habeas corpus after three prior appeals. The District Court discharged Grajeda "from all consequences of the street gang allegation appended to his conviction for carrying a loaded firearm in public" (former Pen. Code, § 12031, subd. (a)(1); count 2) and ordered the trial court to resentence Grajeda accordingly. Grajeda contends he was denied the right to counsel at the resentencing hearing and the abstract of judgment still does not reflect the correct amount of presentence conduct credits. He also contends recently amended section 12022.53, subdivision (h), applies retroactively and he should have the opportunity to request the court to strike or dismiss the firearm enhancement appended to his conviction for attempted murder (§§ 644/187, subd. (a); count 1).
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