What is the appropriate remedy for a defendant who has been convicted of assault with intent to murder under section 12022.5?
California, United States of America
The following excerpt is from People v. Love, C084190 (Cal. App. 2019):
Since defendant's conviction was still on appeal and therefore not yet final, the amended section 12022.5 applies to his case. The appropriate remedy is to remand this case to the trial court to exercise its discretion to strike the firearm
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enhancements under section 12022.5, subdivision (c). (People v. Brown (2007) 147 Cal.App.4th 1213, 1228.)
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