P. v. Chavez
A jury found Rudy R. Chavez guilty of first degree murder (Pen. Code,[1] 187, subd. (a)) (count 1). In addition, the jury found that in the commission of the murder, Chavez personally used a firearm within the meaning of section 12022.5, subdivision (a). Court conclude that there is sufficient evidence of premeditation and deliberation to support the jury's verdict. Court further conclude that the trial courterred in imposing and staying a four year term on the section 12022.5, subdivision (a) sentence enhancement finding. Court direct the trial court to correct the abstract of judgment by striking the 12022.5, subdivision (a) enhancement, and affirm the judgment as so modified.
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