People v. Windfield CA4/2

California Court of Appeal Apr 29, 2022 No. E077857Unpublished

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Holding. The court affirmed the trial court's decision to decline the exercise of its discretion to strike the defendant's firearm enhancements under Penal Code section 12022.53.

Issues

Whether the trial court erred by failing to request an updated probation report before ruling on the request to strike firearm enhancements.
Whether the record demonstrates the court failed to consider the defendant's post-conviction conduct.
Whether the court's comments indicated a categorical disinclination to strike enhancements in cases involving death.

Disposition. Affirmed

Quotations verified verbatim against the opinion

“It concluded, however, that those factors did not overcome the totality of circumstances, including the fact a firearm was “the weapon of choice used to deliver death,” and declined to exercise its discretion to strike the firearm enhancements.”

Filed 4/29/22 P. v. Windfield CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

Plaintiff and Respondent, E077857

v. (Super.Ct.No. FVA900999)

KEANDRE DION WINDFIELD, OPINION

Defendant and Appellant.

APPEAL from the Superior Court of San Bernardino County. Steven A. Mapes.

Judge. Affirmed.

David P. Lampkin, under appointment by the Court of Appeal, for Defendant and

Appellant.

No appearance for Plaintiff and Respondent.

Defendant and appellant Keandre Dion Windfield appeals the decision of the San

Bernardino County Superior Court not to strike personal firearm use enhancements

imposed pursuant to section 12022.53 of the Penal Code.1

BACKGROUND

In 2011, defendant was convicted of one count of murder, one count of attempted

murder, and assault with a semi-automatic firearm. The murder and attempted murder

counts included firearm enhancements imposed pursuant to former section 12022.53,

People v. Windfield CA4/2

AI Brief

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

KEANDRE DION WINDFIELD, OPINION

BACKGROUND

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DISCUSSION

DISPOSITION

NOT TO BE PUBLISHED IN OFFICIAL REPORTS RAMIREZ P. J.

MILLER J.

CODRINGTON J.

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