People v. Galvez CA2/5

I. INTRODUCTION

Defendant David Alejandro Galvez appeals from the trial court’s denial of his request to strike firearm enhancements under Penal Code1 section 12022.53, subdivision (h). We affirm.

II. BACKGROUND

A. Prior Proceedings

In 2006, a jury convicted defendant of two counts of first degree murder. (People v. Galvez (Aug. 22, 2007, B194868) [nonpub. opn.].) The trial court sentenced defendant to two terms of life without the possibility of parole, plus an additional 25- years-to-life firearm enhancement (§ 12022.53, subd. (d)) on each count. (Ibid.) In 2015, defendant petitioned for a writ of habeas corpus, arguing that he was entitled to a resentencing hearing pursuant to Miller v. Alabama (2012) 567 U.S. 460. (People v. Galvez (Feb. 22, 2018, B279420 [nonpub. opn.].) The trial court granted the petition and conducted a hearing, after which it imposed the same sentence. (Ibid.) Defendant appealed, and a prior panel of this court, among other things, remanded the matter for the limited purpose of allowing the court to consider whether to exercise its discretion under section 12022.53, subdivision (h) to strike or dismiss the firearm enhancements. (Ibid.) On remand,…