People v. Gonzalez CA2/6

Facts and Procedural History In 2016, appellant was convicted, by jury, of shooting at an inhabited dwelling (§ 246) and assault with a firearm. (§ 245, subd. (a)(2).) The jury further found true a gang enhancement (§ 186.22, subds. (b)(1)(B), (b)(4)), and an enhancement for personal use of a firearm. (§ 12022.5.) The trial court sentenced appellant to a total term in state prison of 25 years to life, including three years for the firearm enhancement and five years for the gang enhancement. After we affirmed his conviction on appeal and the trial court denied two petitions for writ of habeas corpus, appellant filed a petition for writ of habeas corpus in this court. He contended that he was entitled to resentencing because the firearm use enhancement and the gang enhancement were based on the same instance of using a firearm and simultaneous imposition of these enhancements violated section 1170.1, subdivision (f).2 (People v. Rodriguez (2009) 47 Cal.4th 501, 508- 509; People v. Francis (2017) 16 Cal.App.5th 876, 881-882.) Respondent agreed and conceded that the trial court would then have discretion to reconsider all of its sentencing options, including its discretion to strike…