People v. Almanza

*1105When the retroactive application of a statute gives a trial court discretion to reconsider imposing a lower sentence than one previously imposed, it is the usual custom for an appellate court to remand the case to the trial court. In this opinion on rehearing, People v. McDaniels (2018) 22 Cal.App.5th 420, 231 Cal.Rptr.3d 443 persuades us to follow that custom here.

A jury convicted Christian Almanza of first degree murder ( Pen. Code, §§ 187, subd. (a), 189 )1 and assault with a firearm (§ 245, subd. (b) ). The jury found gang enhancement allegations true on both counts. (§ 186.22, subd.…