People v. Reddix CA2/7

INTRODUCTION

Schnire Sown Reddix, who was convicted of attempted murder and armed assault in 2012, appeals the superior court’s order resentencing him under Penal Code section 1172.75.1 The superior court struck Reddix’s two enhancements under section 667.5, subdivision (b), for prior prison terms, which reduced his sentence by two years. The court also reimposed the middle term of seven years for Reddix’s base offense of attempted murder. Reddix also asked the superior court to exercise its discretion under section 1385 to strike or reduce his sentence enhancement of 25 years to life for use of a firearm (§ 12022.53, subd. (d)). Reddix presented evidence of his postconviction rehabilitation and demonstrated a mitigating circumstance under section 1385 because the firearm enhancement resulted in a sentence of over 20 years. (See § 1385, subd. (c)(2)(C).) The court considered these factors, but it declined to strike Reddix’s firearm enhancement because it determined the serious circumstances of the crime were such that “the furtherance of justice” did not support striking the enhancement. (§ 1385, subd. (c)(1).) Although reasonable minds could differ given the evidence of Reddix’s…