People v. Tirado
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A jury found defendant guilty of robbery, and found that he personally and intentionally discharged a firearm, which proximately caused great bodily injury to another, under Penal Code, section 12022.53, subdivision (d). The trial court denied defendant's motion to strike or dismiss the firearm enhancement. On appeal, defendant claimed that the trial court was unaware of its discretion to substitute, for the section 12022.53, subdivision (d) enhancement, a different enhancement within the same section.
The Court of Appeal affirmed and held that, although the trial court had the discretion to strike or dismiss that enhancement pursuant to sections 1385 and 12022.53, subdivision (h), it did not have the discretion to substitute another enhancement for it.
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