People v. Addleman CA2/4

INTRODUCTION

A jury convicted appellant Clayton Ruben Addleman of numerous crimes and found true a firearm enhancement allegation under Penal Code section 12022.53.1 We affirmed appellant’s convictions on appeal, but remanded the matter to permit the trial court to consider exercising its newly granted discretion to strike the enhancement under Senate Bill No. 620 (Stats. 2017, ch. 682, §2). On remand, the court declined to strike the enhancement. In this appeal, appellant contends the court abused its discretion because it was unaware it could consider his post-judgment conduct. Because the trial court was aware it could consider, and did consider, appellant’s post-judgment conduct, we affirm.

BACKGROUND

A. Appellant’s Conviction and the Prior Appeal In 2017, a jury found appellant guilty of numerous crimes -- including attempted murder, first-degree residential robbery, and multiple counts of first-degree burglary -- committed during a 48-hour crime spree in 2015. As relevant here, the jury additionally found true the sentence enhancement allegation that appellant personally and intentionally discharged a firearm in committing the attempted murder (§ 12022.53, subd. (c)). The…