People v. Tellez CA3

FACTS AND HISTORY OF THE PROCEEDINGS

Defendant shot and killed the victim outside a bar. At trial, defendant claimed that he acted in self-defense. After his conviction of second degree murder with personal and intentional discharge of a firearm causing death (§§ 187, 12022.53, subd. (d); count one), possession of a firearm by a felon (§ 29800, subd. (a)(1); count two), and receipt of stolen property (§ 496, subd. (a); count three), defendant appealed. We affirmed the judgment but remanded the case so that the trial court could consider whether to exercise its discretion under the newly enacted section 12022.53, subdivision (h) to strike the firearm enhancement. (People v. Tellez (Jan. 16, 2019, C077915) [nonpub. opn.].) The court held a hearing following the remand. Defense counsel brought witnesses to testify at the hearing, including witnesses that could speak to defendant’s activities while he had been in state prison. The court questioned the relevance of such evidence, saying: “If I was at the sentencing, whenever this was sentenced, I wouldn’t have had that information before me. If I’m only supposed to decide what I would have

2 done at that time, why would whatever he’s…