Ruling by
Marsha G. SloughLower Court
Riverside County Superior CourtLower Court Judge
Thomas E. KellyIn determining whether to strike gun enhancement, trial judge properly considered seriousness of injury and degree of danger defendant posed to public.
Court
California Courts of Appeal 4DCA/2Cite as
2021 DJDAR 4872Published
May 20, 2021Filing Date
May 18, 2021Opinion Type
ModificationDisposition Type
AffirmedCase Fully Briefed
Sep. 28, 2020THE PEOPLE,
Plaintiff and Respondent,
v.
CARL RAY FLORES, JR.,
Defendant and Appellant.
E072843
(Super.Ct.No. RIF1402333)
California Courts of Appeal
Fourth District
Division Two
Filed May 18, 2021
ORDER MODIFYING OPINION
[NO CHANGE IN JUDGMENT]
THE COURT
The Court ORDERS the opinion modified by replacing the language in footnote 4 with the following language instead:
Section 1170 is inapplicable because its relevant subdivisions address determinate sentencing, and attempted murder receives an indeterminate sentence. (§ 1170, subds. (a)-(c).) Section 190 is inapplicable because it provides the punishment for murder. (Miranda, supra, 192 Cal.App.4th at p. 415.)
Except for this modification, which does not affect the judgment, the opinion is unchanged.
CERTIFIED FOR PUBLICATION
SLOUGH, J.
We concur:
MILLER, Acting P. J.
RAPHAEL, J.
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