People v. Castrillo CA5

INTRODUCTION

Appellant and defendant Joseph Elias Castrillo (appellant) called for a taxicab, sat in the backseat, did not have enough money to pay the fare, and killed the taxi driver by shooting him three times in the back of the head. Appellant was convicted of first degree murder (Pen. Code, § 187)1 with an enhancement pursuant to section 12022.53, subdivision (d), that he personally and intentionally discharged a firearm and proximately caused great bodily injury or death in the commission of the offense. He was sentenced to an aggregate term of 50 years to life, based on 25 years to life for murder and a consecutive term of 25 years to life for the enhancement. In his first appeal, this court affirmed his conviction and the firearm enhancement, but remanded the matter for the trial court to consider whether to dismiss the enhancement based on statutory amendments that were enacted after his sentencing hearing. On remand, the trial court declined to dismiss the enhancement. Appellant filed a second appeal, and argued remand was again required because the court did not realize it also had discretion to impose a lesser term for the firearm enhancement based on the California…