Harris

*769 *659 In People v. Woods (2018) 19 Cal.App.5th 1080 , 228 Cal.Rptr.3d 318 , we held that Senate Bill No. 620 and the associated amendment to Penal Code 1 section 12022.53 (effective January 1, 2018) apply retroactively to nonfinal 2 cases. ( Woods , at pp. 1090-1091, 228 Cal.Rptr.3d 318 .) We reached this conclusion by following our Supreme Court's directive in In re Estrada (1965) 63 Cal.2d 740 , 48 Cal.Rptr. 172 , 408 P.2d 948 that " 'when a statute mitigating punishment becomes effective after the commission of the prohibited act but before final judgment the lesser punishment provided by the new law should be imposed in the absence of an express statement to the contrary by the Legislature.' " ( Woods , at p. 1090, 228 Cal.Rptr.3d 318 .)

In this case, defendant Colleen Ann Harris filed a motion to recall the remittitur to either permit briefing on the application of Senate Bill No. 620 and the recent amendment to section 12022.53 to her case, which was final almost a year before the statute's effective date , or remand the case to the trial court to exercise its discretion as to whether to strike the firearm enhancement under the amendment. Noting that recalling a…