People v. Abbate CA1/3

Filed 5/23/24 P. v. Abbate CA1/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent,

A168207

v. JOSEPH ANGEL ABBATE, (Contra Costa County Super. Ct. No. 05001319516) Defendant and Appellant.

In 2016, defendant Joseph Angel Abbate was convicted of second degree murder. The jury found true the attendant firearm enhancement (Pen. Code, § 12022.53, subds. (d), (e)(1)). In a prior direct appeal after conviction (case no. A152421), we rejected a number of defendant’s arguments but remanded the case in light of Senate Bill No. 620 (Senate Bill 620), which allows the trial court to consider whether to strike the firearm enhancement pursuant to amended section 12022.53, subdivision (h). (People v. Abbate (2020) 58…