Where defendant appealed following a remand for resentencing based on new legislation (SB 620) that amended PC 12022.5 and 12022.53 to allow trial courts discretion to strike firearm enhancements, the Court of Appeal affirms the trial court’s decision to not strike two firearm enhancements. The court holds the factors a trial court must consider when deciding whether to strike a PC 12022.5 enhancement are the same as those considered when deciding whether to strike a PC 12022.53 enhancement, and are the same factors a trial court must weigh when handing down a sentence in the first instance.
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