People v. Alonso CA2/8

INTRODUCTION

Victor Alonso appeals from his judgment of conviction of, among other offenses, two counts of attempted murder of a peace officer (Pen. Code1 §§ 664, 187) and one count of second degree robbery (§ 211), with multiple firearm enhancements (§§ 12022.5, subd. (a), 12022.53, subds. (b), (c)). At sentencing, the trial court imposed a 20-year term on one of the firearm enhancements, and stayed all other enhancements under section 654. On appeal, Alonso contends, and the Attorney General concedes, that the trial court erred in staying the remaining firearm enhancements because it was required to either strike them, or to impose and stay them. We agree the matter must be remanded for the trial court to decide whether to exercise its discretion to strike any of the firearm enhancements, and if it declines to do so, to properly impose and stay the enhancements in accordance with section 12022.53, subdivision (f). We accordingly affirm the judgment of conviction and remand for resentencing.

FACTUAL AND PROCEDURAL BACKGROUND

I. Evidence at trial

On August 30, 2021, Anthony Viramontes met with Alonso and another man, Christian Anthony Jaimes Lopez, to sell them jewelry…