People v. Smith CA3

BACKGROUND

A jury found defendant guilty of second degree murder and found true allegations that, while committing the offense defendant: (1) intentionally and personally discharged a firearm causing great bodily injury or death; (2) personally discharged a firearm; and (3) personally used a firearm. The jury also found true allegations that the crime involved great violence, great bodily harm, or other acts disclosing a high degree of cruelty, viciousness, or callousness and that defendant had been armed with or used a weapon when committing the crime. At sentencing, defendant asked the trial court to strike the enhancements based on his use of a firearm or to at least strike the two longer enhancements and impose the shorter enhancement. The People asked the court to impose the longest firearm enhancement, 25 years to life in prison, pursuant to Penal Code section 12022.53, subdivision (d).1 The trial court determined that dismissal of the longest enhancement would endanger public safety and declined to exercise its discretion to dismiss any enhancements or to impose a shorter enhancement instead. Accordingly, the court sentenced defendant to 15 years to life in prison for…