People v. Lucero CA4/1

I.

FACTUAL AND PROCEDURAL BACKGROUND

On July 22, 2021, Lucero shot and killed his girlfriend during an argument at their home. Lucero fired three gun shots at his girlfriend during the incident. The fatal wound was a gun shot at close range to the top of the head. Lucero was 19 years old at the time of offense. The jury found Lucero guilty of first degree murder. (§ 187, subd. (a).) It also made a true finding that Lucero personally discharged a firearm

Unless otherwise indicated, all further statutory references are to the Penal Code. 2 causing death. (§ 12022.53, subd. (d).) Based on that true finding, Lucero

was subject to a sentencing enhancement of 25 years to life.2 Lucero was sentenced on September 29, 2023. Defense counsel did not file a sentencing memorandum and did not present any argument at the sentencing hearing prior to the imposition of sentence. However, at the sentencing hearing the trial court nevertheless explained that it had considered whether to strike the firearm enhancement but had decided not to do so. The trial court stated, “As to the enhancement under 12022.53(d), the Court does understand under a change in law recently, the Court . . . does…