People v. Rodgers CA3

Filed 8/30/22 P. v. Rodgers CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Sacramento) ----

THE PEOPLE, C095203

Plaintiff and Respondent, (Super. Ct. No. 13F04912)

v.

ELIJAH RODGERS,

Defendant and Appellant.

In an earlier appeal, we affirmed defendant Elijah Rodgers’s convictions, but remanded the matter to allow the trial court to exercise its discretion to strike defendant’s firearm enhancements in light of legislative changes to sentencing law. On remand, the trial court declined to strike defendant’s firearm enhancements. Defendant appeals, arguing the trial court on remand apparently did not understand the scope of its discretion to impose a lesser included firearm enhancement. The People disagree, but…