People v. Torres CA4/2

INTRODUCTION

Defendant and appellant David Jerry Torres challenges the trial court’s decision

declining to exercise its discretion under Penal Code1 section 12022.53, subdivision (h),

to strike his firearm enhancement. He argues the matter should be remanded because the

sentencing court failed to orally pronounce the sentence during the resentencing hearing

and also because the court did not understand its discretion to impose a lesser included

firearm enhancement.

We previously agreed that the matter must be remanded for the court to orally

pronounce sentence but disagreed that the court had discretion to impose a lesser

uncharged firearm enhancement. The California Supreme Court granted review,

S272226, and deferred further action pending consideration and disposition of a related

issue in People v. Tirado, S257658. The Supreme Court subsequently issued People v.

Tirado (2022) 12 Cal.5th 688 (Tirado), which addressed whether a court may impose a

lesser uncharged firearm enhancement under section 12022.53, subdivisions (b) or (c).

The Supreme Court transferred the case back to this court with directions to vacate our

decision and reconsider the matter in light of…