P. v. Mata CA2/7
A jury found Johnny Mata guilty of murdering a rival gang member and possessing a firearm as a felon. The trial court sentenced Mata to 86 years to life in prison, a sentence that included an enhancement for personally and intentionally discharging a firearm in committing the murder and an enhancement for having a prior serious felony conviction.
Mata argues his attorney provided ineffective assistance. We conclude otherwise and affirm his conviction, but we remand the case for the trial court to exercise its discretion under recent amendments to the Penal Code whether to strike the firearm enhancement and the prior serious felony conviction enhancement.
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