People v. Wohlfeil CA4/2

I. INTRODUCTION

Defendant and appellant, Michael Wohlfeil, was convicted of second degree

robbery (Pen. Code, § 211, count 1);1 two counts of assault with a firearm (§ 245,

subd. (a)(2), counts 2 & 3); false imprisonment by violence (§ 237, subd. (a), count 4);

and dissuading a witness (§ 136.1, subd. (c), count 5). Additionally, the jury found true

special allegations that defendant intentionally discharged a firearm in the commission of

count 1, and his sentence included a 20-year prison enhancement in connection with that

finding (§ 12022.53, subd. (c)). Defendant appeals, requesting only that we remand the

matter to allow the trial court to exercise its discretion to consider whether to strike the

enhancement and impose a lesser, uncharged firearm enhancement in its place under the

authority of section 12022.53, subdivision (h).

On October 5, 2020, this court issued an opinion affirming the judgment after

concluding the trial court had no discretion to impose a lesser, uncharged enhancement

under section 12022.53. At the time, the Courts of Appeal were divided on the extent of

the trial court’s discretion on this issue. However, in January 2022, our Supreme…