Pearson
People v. Pearson
Opinion
Lead Opinion
Chaney, J.
*582 *114 Desmond McMiller, Patrick Pearson, and Deshonda Young killed Douglas Wooley on the morning of March 6, 2014. On direct appeal of judgments entered after a jury trial, we affirmed the trial court's convictions of the three defendants. But because the Legislature had enacted Senate Bill No. 620 (amending Penal Code section 12022.53 1 ) to allow the trial court to strike a firearm enhancement imposed pursuant to section 12022.53 after sentencing but before the judgment were final, we remanded the case to the trial court to hold a new sentencing hearing to consider whether to exercise its discretion to "strike or dismiss an enhancement otherwise required by section 12022.53." ( People v. McMiller 2018 WL 2356133 (Cal.App. 2 Dist., May 24, 2018, B268622) [nonpub. opn.] ( McMiller ) ; § 12022.53, subd. (h).)
On remand, the trial court denied Pearson's motion to strike the firearm enhancement pursuant to section 12022.53, subdivision (h). We find no abuse of discretion and affirm.
BACKGROUND
Wooley was gunned down at the intersection of 97th Street and Main Street in Los Angeles by two men who emerged from the passenger's side of a gold Mercury Grand Marquis. Among other…