People v. Sams CA5

INTRODUCTION

This case is before us for the third time after a jury found defendant Vance Eugene Sams, Jr., guilty of second degree murder (Pen. Code,1 § 187, subd. (a)) and found that he personally and intentionally discharged a firearm in the commission of the offense (§ 12022.53, subd. (d)). For the offense of murder, defendant was sentenced to a term of 15 years to life, with a consecutive term of 25 years to life for the firearm enhancement. In his first appeal, we affirmed the judgment but remanded for the trial court to make corrections to the abstract of judgment and to consider whether to exercise its newly afforded discretion to strike or dismiss the firearm enhancement (§ 12022.53, subd. (h)) under Senate Bill No. 620 (2017-2018 Reg. Sess.) (Stats. 2017, ch. 682, § 2). (People v. Sams (June 26, 2019, F074751) [nonpub. opn.] (Sams).)2 On remand, the trial court declined to strike the firearm enhancement. In his second appeal, defendant asserted the trial court was unaware it possessed discretion to replace the firearm enhancement imposed pursuant to section 12022.53, subdivision (d) with a lesser included, uncharged firearm enhancement under section 12022.53,…