A163966

The Court of Appel struck a firearm enhancement because firearm use was an element of appellant’s offense. The Court then remanded for resentencing in light of recent amendments to Penal Code section 1170, which limited the court’s ability to impose a sentence exceeding the middle term and created a presumption in favor of the low term where the defendant experienced psychological, physical, or childhood trauma and those factors contributed to the commission of the offense.

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