People v. Almanza

A jury convicted Almanza of first-degree murder and assault with a firearm; found gang enhancement allegations true on both counts; and found Almanza personally and intentionally discharged a firearm causing death (Penal Code 12022.53(d)). Almanza suffered two prior strike convictions and one prior prison term. The court sentenced Almanza to a total of 137 years, including 25 years for the firearm enhancement (12022.53(d)), staying two other firearm enhancements. The court of appeal affirmed. The Governor then signed Senate Bill 620 into law, effective January 1, 2018, amending section 12022.53(h) to provide: “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.” The California Supreme Court remanded for reconsideration in light of Senate Bill No. 620, which applies retroactively. The court of appeal affirmed the sentence. Even if the trial court here were to strike all of the firearm enhancements, it would reduce Almanza’s minimum term from 137 years to 112 years, which “is no more or less absurd.” The trial court exhibited no desire to be lenient. View "People v. Almanza" on Justia Law