Oct. 4, 2022 – People v. Johnson (3rd Dist., C094491)

The Court of Appeal holds that when a trial court exercises discretion to strike a PC 12022.53(b) enhancement under SB 620, it may substitute a lesser uncharged firearm enhancement pursuant to a different statute. The court notes a split of authority on the issue after People v. Tirado (2022) 12 Cal.5th 688 left unresolved a conflict with other unamended statutory provisions requiring imposition of the harshest available punishment. Note: This issue is currently pending in the California Supreme Court in People v. McDavid (S275940).