Does SB 620 Allow Judge to Lower Gun Enhancement?

A reading of the text of the revised form of Penal Code § 12022.53(h), one can see that the statute allows the judge to “strike or dismiss” a firearm use enhancement. The statute does not state that the judge also may decrease the term of the enhancement. The statute does not state that the judge may lower, for example, an enhancement from 25 years to life to 20 years or 10 years. However, if the jury were to also find true an enhancement that supported a shorter sentence, could a judge in effect, strike the longer enhancement and impose the lesser enhancement? This issue was brought to an appellate court’s attention in the following case. To read a short summary of this, please click on the following link – https://www.greghillassociates.com/does-sb-620-allow-judge-to-lower-gun-enhancement.html

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