People v. Yanaga
Annotate this CaseDefendant appealed a postjudgment order denying his motion to strike a Penal Code section 12022.53 subdivision (d) firearm enhancement after the Court of Appeal remanded the matter for resentencing on the enhancement. The court reversed, concluding that the trial court prejudicially erred because it was unaware of the scope of its discretionary power. In this case, the trial court refused to consider defendant's postjudgment rehabilitative efforts in prison because it mistakenly believed it could consider only information before the original sentencing court.
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