P. v. Torres CA4/2
Defendant and appellant David Jerry Torres challenges the trial court’s decision declining to exercise its discretion under Penal Code section 12022.53, subdivision (h), to strike his firearm enhancement. He argues the matter should be remanded because the sentencing court failed to orally pronounce the sentence during the resentencing hearing and also because the court did not understand its discretion to impose a lesser included firearm enhancement.
We previously agreed that the matter must be remanded for the court to orally pronounce sentence but disagreed that the court had discretion to impose a lesser uncharged firearm enhancement. The California Supreme Court granted review, S272226, and deferred further action pending consideration and disposition of a related issue in People v. Tirado, S257658.
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