P. v. Wood

Filed 3/21/06 P. v. Wood CA2/3

Opinion following rehearing

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION THREE

APPEAL from a judgment of the Superior Court of Los Angeles County,

Mark V. Mooney, Judge. Affirmed in part, vacated in part, and remanded with directions.

Sharon Fleming, under appointment by the Court of Appeal, for Defendant and Respondent.

Steve Cooley, District Attorney (Los Angeles) and Patrick D. Moran and Brent Riggs, Deputy District Attorneys, for Plaintiff and Appellant.

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The People appeal from the judgment entered against respondent Robert James Wood following his convictions by jury of two counts of possession of a destructive device (Pen. Code, § 12303), six counts of possession of a destructive device with intent to injure (Pen. Code, § 12303.3, counts 1 through 6), and count 7 - possession of a substance with intent to make a destructive device (Pen. Code, § 12312), with an admission that he suffered a prior felony conviction (Pen. Code, § 667, subd. (d)) and a prior serious felony conviction (Pen. Code, § 667, subd. (a)). He was sentenced to prison for 16 years 4 months.

In this case, we hold the trial court erroneously failed to impose mandatory consecutive sentencing pursuant to Penal Code section 667, subdivision (c)(6), as to count 2, one of counts 3 through 6, and count 7. Consecutive sentencing was mandatory because the offenses at issue were â€