People v. Hollman CA1/5

I. FACTS AND PROCEDURAL HISTORY

Hollman was convicted by a jury of premeditated attempted murder (§§ 187, subd. (a), 664, subd. (a)), shooting at an inhabited dwelling (§ 246), and possession of a firearm by a felon (§ 29800, subd. (a)(1)). The jury also found true the enhancement allegation that Hollman personally and

All statutory references hereafter are to the Penal Code.

1 intentionally discharged a firearm causing great bodily injury (§ 12022.53, subd. (d)).2 The court sentenced Hollman to 32 years-to-life, comprised of a seven years-to-life term for attempted murder plus a consecutive 25-year term for the enhancement under section 12022.53, subdivision (d). Punishment on additional enhancements and the conviction for shooting at an inhabited dwelling (count two) was stayed pursuant to section 654, and a concurrent two-year term was imposed on the conviction for possession of a firearm by a felon (count three). Hollman appealed (appeal number A150795). He argued, and the People conceded, that the case should be remanded because a 2017 amendment to section 12022.53, subdivision (h) allowed the trial court to decide whether the firearm enhancement under section…