546 P.3d 1105
Cal.2024Background
- Weldon K. McDavid, Jr. was convicted of conspiracy to commit murder and attempted premeditated murder for shooting Greg Mulvihill, pursuant to a plan devised with Diana Lovejoy.
- The jury found true several enhancements, including McDavid's personal discharge of a firearm causing great bodily injury (Penal Code § 12022.53(d)) and personal infliction of great bodily injury (§ 12022.7(a)).
- At sentencing, the trial court imposed mandatory firearm enhancements under § 12022.53, totaling an additional 25 years to life.
- McDavid appealed, arguing the court was unaware of its new discretion under Senate Bill 620 (2018), which allowed courts to strike firearm enhancements in the interest of justice.
- After resentencing, the trial court again declined to strike the enhancements, leading to further appeals addressing the scope of a trial court's discretion when striking § 12022.53 enhancements.
- The primary question became whether, after striking a § 12022.53 enhancement, the trial court can impose a lesser included, uncharged enhancement under statutes other than § 12022.53 (such as § 12022.5).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Can the court, after striking a § 12022.53 enhancement, impose a lesser enhancement under other statutes? | The Attorney General argued no; the court’s discretion was confined to lesser included enhancements only within § 12022.53, per its subdivision (j). | McDavid argued that § 12022.53(h) grants discretion to courts to impose a lesser included, uncharged enhancement under any relevant statute if the jury found the facts true. | Yes, the court holds that trial courts may, after striking a § 12022.53 enhancement, impose a lesser uncharged enhancement under other Penal Code sections if the facts were alleged and found true, and that § 12022.53(j) does not bar this. |
Key Cases Cited
- People v. Tirado, 12 Cal.5th 688 (Cal. 2022) (Holding trial courts have discretion to strike a § 12022.53 enhancement and impose a lesser uncharged enhancement under the same statute where jury findings support it)
- People v. Gutierrez, 58 Cal.4th 1354 (Cal. 2014) (Established that uninformed exercise of discretion by a trial court is an abuse of discretion)
- People v. Pitto, 43 Cal.4th 228 (Cal. 2008) (Discussed the range and operation of various firearm enhancements under California law)