Zamora
People v. Zamora
Opinion
Lead Opinion
MENETREZ J.
*68 *203 In the published portion of this opinion, we hold that the amendments to section 12022.5, subdivision (c), and section 12022.53, subdivision (h), of the Penal Code 1 granting the trial court discretion to strike firearm enhancements apply retroactively to cases not yet final at the time the amendments took effect. We further hold that the recent amendments to section 667, subdivision (a), and section 1385, subdivision (b), also apply retroactively to cases not yet final when those amendments took effect.
A jury convicted Richard Lorenzo Zamora of one count of attempted murder (§§ 664, 187), one count of assault with a deadly weapon, to wit, a handgun (§ 245, subd. (a)(1)), one count of robbery (§ 211), one count of criminal threats (§ 422), and two counts of being a felon in possession of a firearm (§ 29800, subd. (a)(1)). The jury further found true enhancement allegations for personally and intentionally discharging a firearm and proximately causing great bodily injury during the attempted murder ( § 12022.53, subd. (d) ), personal infliction of great bodily injury during the assault with a firearm (§ 12022.7, subd. (a)), and personal use of a firearm…