People v. Smith CA5

INTRODUCTION

Defendant James Edward Smith appeals from a judgment entered following resentencing pursuant to Penal Code1 section 1172.75. He contends the court prejudicially erred in declining to strike a firearm enhancement entered pursuant to section 12022.5, subdivision (a) by failing to give “great weight” to the mitigating circumstance that the resulting sentence would exceed 20 years. (§ 1385, subd. (c)(2)(C).) We affirm.

FACTUAL AND PROCEDURAL HISTORY

Defendant shot and killed Daniel Jones in a confrontation over drugs. (People v. Cook (Nov. 24, 2015, F066847, F066872) [nonpub. opn.].)2 A jury convicted defendant of voluntary manslaughter (§ 192, subd. (a); count 1), conspiracy to transport or sell a narcotic controlled substance (§ 182, subd. (a)(1); count 2), being a felon in possession of a firearm (former § 12021, subd. (a)(1); count 3), and being a felon in possession of ammunition (former § 12316, subd. (b)(1); count 4). As to count 1, the jury found a firearm allegation to be true (§ 12022.5, subd. (a)). The court found defendant had a prior “strike” conviction (§§ 667, subds. (c)–(j), 1170.12, subds. (a)–(e)), and had suffered five prior prison terms (§ 667.5,…