In a case where only an enhancement under section 12022.53, subd. (d) was alleged, the trial court misunderstood the scope of its discretion under recent amendments to section 12022.53, which allow the court to modify the enhancement under section 12022.53, subd. (d), which carries a term of 25 years to life, to a lesser included enhancement under section 12022.53, subds. (b) or (c), which carry lesser terms of 10 years or 20 years, respectively. The Court of Appeal, therefore, remanded the case for resentencing.
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