People v. Pearson
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After the Court of Appeal affirmed defendant's conviction, the Legislature enacted Senate Bill No. 620 to allow the trial court to strike a firearm enhancement imposed pursuant to Penal Code section 12022.53 after sentencing but before the judgment was final. The court remanded for the trial court to hold a new sentencing hearing, and the trial court ultimately denied defendant's motion to strike the firearm enhancement under section 12022.53, subdivision (h).
The court affirmed and held that nothing in the record affirmatively established that the trial court did not consider other relevant factors it was required to consider. In this case, the trial court considered the factors it was required to consider when sentencing a felony defendant, and denying defendant's request to strike the firearm enhancement here was squarely within the bounds of the trial court's discretion.
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