People v. Esquivel CA1/3

Filed 2/7/22 P. v. Esquivel CA1/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE OF THE STATE OF

CALIFORNIA,

Plaintiff and Respondent, A162105

v. (Contra Costa County ANTONIO DEJESUS ESQUIVEL, Super. Ct. No. 51200237) Defendant and Appellant.

Appellant Antonio DeJesus Esquivel appeals the trial court’s order denying his request to strike or reduce the 25-year-term firearm enhancement imposed on him under Penal Code section 12022.53, subdivision (d) (section 12022.53(d)).1 He argues his case should be remanded because the trial court did not understand the scope of its discretionary sentencing powers under section 12022.53, subdivision (h)…