People v. Hunter CA5

INTRODUCTION

Appellant Dashaun Donte Hunter was convicted by jury of second degree murder (Pen. Code, §§ 187, subd. (a), 189),1 and the jury found true firearm use allegations pursuant to sections 12022.53, subdivision (d), and 12022.5, subdivision (a). The trial court sentenced appellant to 15 years to life for the murder, and a 10-year determinate term for the firearm enhancement under section 12022.5, subdivision (a). The trial court stayed the sentence of 25 years to life for the firearm enhancement allegation found true under section 12022.53, subdivision (d). We invited the parties to submit supplemental briefing on whether section 12022.53, subdivision (j), authorized the trial court to stay the sentence on the section 12022.53, subdivision (d), firearm enhancement. The parties agree in their supplemental briefs the trial court was not authorized to stay the sentence on the section 12022.53, subdivision (d), firearm enhancement. The parties contend, and we agree, the appropriate remedy, in view of the trial court’s statements at sentencing, is for this court to modify the sentence by striking the section 12022.53, subdivision (d), enhancement. The sole remaining contention…