People v. Castrillo CA5

INTRODUCTION

Appellant and defendant Joseph Elias Castrillo (appellant) was convicted of first degree murder with a firearm enhancement and sentenced to an aggregate term of 50 years to life. On appeal, this court affirmed his conviction and the enhancement, but remanded the matter for the court to consider whether to strike the Penal Code1 section 12022.53, subdivision (d) firearm enhancement, based on statutory amendments that occurred after his sentencing hearing. On remand, the court declined to dismiss the firearm enhancement. In this appeal, appellant argues the matter must again be remanded because the court did not realize the full extent of its discretion as to the section 12022.53, subdivision (d) firearm enhancement. We agree and will again remand.

FACTUAL AND PROCEDURAL BACKGROUND

On the night of January 4 through 5, 2015, appellant and Dante Woods called a taxi company to request a ride. Dean Barker, a taxi driver for the company, responded to the call. Woods and appellant did not have enough money to cover the fare. Upon reaching the destination, appellant killed Barker by firing three shots into the back of his head. Charges, Conviction, and Sentence Appellant…