P. v. Delgado CA2/3
Froylan Delgado appeals from a judgment entered after the jury convicted him of shooting at an occupied vehicle, assault with an assault weapon, and possession of a firearm. The jury also found true gang and firearm enhancement allegations. On appeal, Delgado contends his due process rights were violated because the trial court instructed the jury with CALCRIM No. 315 that an eyewitness’s level of certainty can be considered when evaluating the reliability of the witness’s identification. Delgado also argues the trial court abused its discretion by declining to exercise its discretion to strike the firearm enhancement under Penal Code section 12022.53, subdivision (c), and defense counsel rendered ineffective assistance of counsel in failing to present any argument on Delgado’s behalf at the sentencing hearing.
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