Opinion
C085122
07-11-2018
THE PEOPLE, Plaintiff and Respondent, v. VICTOR HONDELERO DAZO, Defendant and Appellant.
NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Super. Ct. No. CRF166618)
Defendant Victor Hondelero Dazo appeals from a judgment entered after his no contest plea to being a felon in possession of a firearm and driving under the influence as well as his being found guilty by a jury of six counts of assault with a firearm. Defendant also admitted to having a blood-alcohol content over 0.15 percent and having served a prior prison term. The jury found true the special allegations that in committing the assaults with a firearm, defendant personally used a firearm. The jury acquitted defendant of dissuading a witness.
Defendant's only issue on appeal is that remand is necessary so that the trial court may exercise the sentencing discretion to strike firearm enhancements authorized by the passage of Senate Bill No. 620. The People concur.
On October 11, 2017, the Governor signed Senate Bill No. 620 (2017-2018 Reg. Sess.), which amended Penal Code sections 12022.5 and 12022.53, effective January 1, 2018 (Stats. 2017, ch. 682, §§ 1-2). It provides: "The court may, in the interest of justice pursuant to Section 1385 and at the time of sentencing, strike or dismiss an enhancement otherwise required to be imposed by this section. The authority provided by this subdivision applies to any resentencing that may occur pursuant to any other law."
We agree with the parties that Senate Bill No. 620's amendment should be applied retroactively, and thus, remand is necessary to allow the trial court to exercise its newly authorized sentencing discretion. (See People v. Woods (2018) 19 Cal.App.5th 1080, 1089-1091 [amendment to Pen. Code, § 12022.53 applied retroactively].)
DISPOSITION
We remand to allow the trial court to exercise its sentencing discretion under Penal Code section 12022.5, subdivision (c) concerning whether to strike the firearm enhancements. The judgment is otherwise affirmed.
/s/_________
Robie, J. We concur: /s/_________
Raye, P. J. /s/_________
Hull, J.