P. v. Cooper
James Cooper appeals from the judgment entered following a jury trial in which he was convicted of attempted premeditated murder, robbery, and burglary, with further findings that he used a knife and inflicted great bodily injury upon his victim. In a bifurcated bench trial, defendant was found to have sustained three prior convictions under Penal Code section 667.5, subdivision (b),[1]and two prior convictions under sections 667, subdivisions (b)(i), 1170.12 (the Three Strikes law). Defendant contends that the trial court erred in calculating his sentence for attempted murder and in failing to stay sentence for robbery and burglary under section 654. We agree with the former contention and agree in part with the latter. Court accordingly modify the judgment to strike a portion of the sentence for attempted murder and stay imposition of sentence for burglary, and affirm.
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