The Court of Appeal held that the trial court abused its discretion by denying appellant’s motion to strike the firearm enhancement under Penal Code section 12022.53(d), in connection with his conviction for second degree murder, considering the court made extensive findings related to appellant’s particular circumstances (low cognitive ability, brain-based deficits, and history of trauma), which the court then used as the reason to strike the firearm enhancement in connection with another conviction.
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