Almanza

*1105 When the retroactive application of a statute gives a trial court discretion to reconsider imposing a lower sentence than one previously imposed, it is the usual custom for an appellate court to remand the case to the trial court. In this opinion on rehearing, People v. McDaniels (2018) 22 Cal.App.5th 420 , 231 Cal.Rptr.3d 443 persuades us to follow that custom here.

A jury convicted Christian Almanza of first degree murder ( Pen. Code, §§ 187, subd. (a), 189 ) 1 and assault with a firearm (§ 245, subd. (b) ). The jury found gang enhancement allegations true on both counts. (§ 186.22, subd. (b)(1)(C).) On the murder charge, the jury found a principal personally and intentionally discharged a firearm causing death. (§ 12022.53, subd. (d).)

*1106 The trial court found Almanza suffered two prior strike convictions within the meaning of the three strikes law (§ 667, subds. (a)-(i) ) and one prior prison term (§ 667.5, subd. (b) ).

The trial court sentenced Almanza to an aggregate term of 137 years to life, including 25 years to life for the firearm enhancement imposed pursuant to section 12022.53, subdivision (d). The court stayed two other firearm enhancements *192 (§…