Valenzuela

*84 Jimmy Valenzuela appeals from the judgment entered on his conviction for two counts of first degree murder. Valenzuela contends the verdict for one of the murders is unintelligible because the jury submitted two signed verdict forms for that murder, one reflecting a guilty verdict and the other a not guilty verdict. Valenzuela also contends he should benefit from a change in the law granting trial courts the discretion to strike gun enhancements. We agree with the second contention but reject the first, and thus affirm Valenzuela's conviction but remand for resentencing.

BACKGROUND

In 2007, an assailant shot and killed Joe Alvarado. In 2010, an assailant shot and killed Jimmy Jimenez. Both were members of the Varrio Nuevo Estrada street gang and were thought to have been killed by a member of the rival Southside Montebello street gang. During recorded conversations with a police informant, Valenzuela admitted shooting Alvarado and Jimenez. He was arrested and tried on two counts of first degree murder.

At the end of trial, after the jury indicated it had reached a verdict and returned verdict forms for the Alvarado and Jimenez murders, the trial court stated, "The jury has…