(People v. Abdullah (Aug. 1, 2019, No. B290563) ___Cal.App.5th___ [2019 Cal. App. LEXIS 709].)
In 2002, Warith Deen Abdullah was convicted of 13 counts of armed robbery and one count of assault with a deadly weapon, and sentenced to 48 years four months in state prison. The sentence included firearm enhancements under Penal Code former section 12022.531 that were mandatory at the time of the sentencing. In 2017, the Department of Corrections and Rehabilitation (DCR) sent a letter to the trial court calling attention to errors in Abdullah’s abstract of judgment. Before the trial court, Abdullah argued that the court must hold a new hearing to sentence him “in the same manner as if he … had not law that came into effect after his original sentencing.
Abdullah argued that the court must exercise its discretion whether to strike his firearm enhancements pursuant to recently enacted Senate Bill No. 620 The trial court refused to consider striking the enhancements and instead simply corrected the errors in the abstract of judgment without altering the length of Abdullah’s sentence.