P. v. Padilla
Rafael Padilla waived his right to a jury trial. In the court trial, he was convicted of attempted first degree murder (Pen. Code, 187, subd. (a), 189, 664) with personal firearm use ( 12022.5, subd. (a)), intentional and personal discharge of a firearm, proximately causing great bodily injury (GBI) ( 12022.53, subd. (d)), and personal infliction of GBI ( 12022.7, subd. (a)); robbery ( 211) with personal firearm use, intentional and personal discharge of a firearm, proximately causing GBI, and personal infliction of GBI; assault with a semiautomatic firearm ( 245, subd. (b)) with personal firearm use and personal infliction of GBI; burglary ( 459) with personal firearm use and personal infliction of GBI; conspiracy to commit robbery ( 182, subd. (a)(1)) with personal firearm use and personal infliction of GBI; unlawful driving or taking of a vehicle (Veh. Code, 10851, subd. (a)); possession of a firearm by a felon ( 12021, subd. (a)(1)); receiving a stolen vehicle ( 496d); possessing methamphetamine (Health & Saf. Code, 11377, subd. (a)); and unauthorized possession of a hypodermic syringe (Bus. & Prof. Code, 4140). The court found that he had served two prior prison terms ( 667.5, subd. (b), 668). He was sentenced to prison for life with possibility of parole plus 25 years to life plus six years 10 months for attempted first degree murder, life with possibility of parole plus 25 years to life for intentional and personal discharge of a firearm, proximately causing GBI; the three-year upper term for unlawful driving or taking of a vehicle; eight months each (one third the middle term) for possession of a firearm by a felon and possessing methamphetamine; six months for possessing a hypodermic syringe; and one year for each of the two prison priors. The court stayed sentence on the remaining counts and enhancements. Padilla appeals. Court affirm.
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