California v. Almanza
Annotate this CaseA jury convicted Christian Almanza of first degree murder and assault with a firearm. The jury found gang enhancement allegations true on both counts. On the murder charge, the jury found a principal personally and intentionally discharged a firearm causing death. The trial court found Almanza suffered two prior strike convictions within the meaning of the three strikes law. The trial court sentenced Almanza to an aggregate term of 137 years to life, including 25 years to life for the firearm enhancement imposed pursuant to Penal Code section 12022.53(d). The court stayed two other firearm enhancements. The California Supreme Court granted review of the Court of Appeal's opinion affirming the judgment and remanded the matter to the appellate court with directions to vacate its opinion and reconsider the cause in light of Senate Bill No. 620. In October 2017, the Governor signed SB No. 620 into law, effective January 1, 2018, amending subdivision (h) of section 12022.53. The amended subdivision 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.” When the retroactive application of a statute gives a trial court discretion to reconsider imposing a lower sentence than one previously imposed, it is customary for an appellate court to remand the case to the trial court. The State conceded SB No. 620 applied retroactively. However, the State argued remand to the trial court was not appropriate under the facts of this case because the record showed the trial court “would not . . . have exercised its discretion to lessen the sentence.” The Court of Appeal agreed with the State: "there is no reasonable probability the trial court would exercise its discretion in favor of Almanza. A jury convicted Almanza of a cold-blooded, premeditated murder committed for the benefit of a criminal street gang. His record includes two prior strikes and a prior prison term. If the trial court were inclined to be lenient, it would have made the sentence for assault concurrent with the sentence for murder."
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