I can't find any case law where 12022.53(d) is reminded or overturned...do you know any

Sit down with an appellate attorney and discuss the whole case and give him or her all the pleadings and all the transcripts of the trial. It is impossible to coble together or use a cite from one case here that you might get from a message board if its context does not apply to your case.

This is not something you should yourself nor a question anyone could properly respond to . Get an appellate attorney .

I have huge concerns. You say "client". I hope you're not an attorney using this site to do legal research on any case, let alone one where somebody is doing life. A question and answer on a website will not substitute for actual legal research by an attorney who knows all the details. This "client" needs a good appellate attorney.