People v. Morrison

*850*220Appellant Warren Oleg Morrison, Jr. was tried before a jury and convicted of the first degree murder of Jarmal Magee with an enhancement for personally and intentionally discharging a firearm causing death. ( Pen. Code, § 187, subd. (a), 12022.53, subd. (d).)1 In this appeal from a sentence of 50 years to life after a recall of the sentence under section 1170, subdivision (d)(1),2 appellant contends the trial court misunderstood the scope of its discretion under recent amendments to section 12022.53, which allow the court to strike an enhancement imposed under its provisions. We agree the…