SB 1437 Denial Improper if Based on Gun Enhancement?

Is having a true finding of using a firearm an automatic bar to relief under Penal Code § 1170.95 (SB 1437)? It certainly might seem so, as such relief is unavailable by statute to those who act with the intent to kill or who act with reckless disregard for the safety of others, or those who are the actual killer. However, as the following summary from a Second Appellate District Court case exemplifies, this sentence enhancement is not an automatic bar. To read this summary, please click on the following link –

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