McShane

*248 The teenage daughter of defendant Douglas Brian McShane ran away from home. At the daughter's urging, three of her friends tried to steal defendant's truck. Defendant stumbled across the theft in progress, chased the thieves, and after finding them in a nearby field, shot and killed one of them - a 15-year-old boy.

*249 As a result of these tragic events, defendant was convicted of second degree murder ( Pen. Code, § 187, subd. (a) ), with an enhancement for personally and intentionally discharging a firearm, causing death ( Pen. Code, § 12022.53, subd. (d) ); he was sentenced to a total of 40 years to life in prison.

Defendant appeals, contending:

We agree that defendant is entitled to a remand for consideration of whether to strike the firearm enhancement. Otherwise, however, his contentions lack merit.

I

FACTUAL BACKGROUND

A. February 6: The Altercation at the Mobile Home.

Defendant lived with his son Brian, age 17, and his daughter Kristi, age 15. His children were home-schooled; they had a "tight-knit" group of friends who were also home-schooled. These included Kristi's best friend, Heather Ryan. They also included Jerel Cobbs, Damien Saunders, and Devin…