People v. Windfield CA4/2

BACKGROUND

In 2011, a jury convicted defendant of one count of murder, one count of

attempted murder, and assault with a semi-automatic firearm. The murder and attempted

murder counts included firearm enhancements imposed pursuant to former section

12022.53, which made imposition of the enhancements mandatory. He was sentenced to

90 years to life.

Defendant appealed the judgment. (People v. Windfield (2021) 59 Cal.App.5th

496 (Windfield I).) While his appeal was pending, the Legislature amended section

12022.53 to give sentencing courts discretion with respect to imposing firearm

enhancements. (§ 12022.53, subd. (h); Senate Bill No. 620 (2017-1018 Reg. Sess.)

(Stats. 2017, ch. 682.) We affirmed the judgment but remanded the matter to the trial

court with instructions, including a directive that the court consider whether to strike the

firearm enhancements in light of the amendment to section 12022.53. (Windfield I.,

supra, at p. 532.)

On remand, the trial court found there were important factors in mitigation (such

as defendant was only 18 at the time of the crime and he had experienced a horrible

childhood). It concluded, however, that those factors did not…