People v. Morrison

In October 2015, Morrison shot Magee several times during an argument. Magee’s girlfriend testified that Morrison pulled the gun from his own waistband and continued to shoot even after Magee was disabled. Morrison claimed Magee pulled the gun from his (Magee’s) waistband and it initially discharged during their struggle; he continued to shoot Magee after gaining control of the gun because he was angry and afraid. The jury convicted Morrison of first-degree premeditated murder and found a firearm enhancement true under Penal Code section 12022.53(d); he was sentenced to prison for 25 years to life on the murder count and 25 years to life for the firearm enhancement. Morrison filed a request to recall the sentence, based on recent amendments to section 12022.53 that gave the court the discretion, effective January 1, 2018, to strike a firearm enhancement. The court recalled the sentence but denied the request to strike the firearm enhancement and reimposed the original sentence. The court of appeal remanded. At the time of resentencing, the trial court did not understand the scope of its discretion. No published case had held an uncharged lesser firearm enhancement could be imposed in lieu of an enhancement under section 12022.53(d) in connection with striking the greater enhancement. The amendment was new and the court apparently never considered that issue. View "People v. Morrison" on Justia Law