People v. Windfield CA4/2

BACKGROUND

In 2011, defendant was convicted of one count of murder, one count of attempted

murder, and assault with a semi-automatic firearm. The murder and attempted murder

counts included firearm enhancements imposed pursuant to former section 12022.53,

which made imposition of the enhancements mandatory. He was sentenced to 90 years to

life.

Defendant appealed the judgment. (People v. Windfield (2021) 59 Cal.App.5th

496 (Windfield I).) While his appeal was pending, the Legislature amended section

12022.53 to give sentencing courts discretion with respect to imposing firearm

enhancements. (§ 12022.53, subd. (h); Senate Bill No. 620 (2017-1018 Reg. Sess.; Stats.

2017, ch. 682.) We affirmed the judgment but remanded the matter to the trial court with

instructions, including a directive that the court consider whether to strike the firearm

enhancements in light of the amendment to section 12022.53. (Windfield I., supra, at p.

532.)

On remand, the trial court provided an opportunity for the parties to brief the

issues in anticipation of the hearing on the remittitur. It also requested a recommendation

from the probation department as to whether it should strike the…