Opinion
S249604
06-26-2019
PETERSEN (HANS ANTONE) ON H.C.
Order: (dispositive)
In light of the Attorney General's concession in his January 31, 2019, informal response and the Attorney General's waiver of the issuance of an order to show cause, the Penal Code section 12022.53, subdivision (d) firearm use enhancement is stricken from count 5, and the San Diego County Superior Court is ordered to conduct a resentencing hearing on count 5 pursuant to Penal Code section 12022.5, subdivision (a). (See People v. Romero (1994) 8 Cal.4th 728, 740, fn.7; People v. Fialho (2014) 229 Cal.App.4th 1389.)
Votes: Cantil-Sakauye, C. J., Chin, Corrigan, Liu, Cuéllar, Kruger, and Groban, JJ.