P. v. Allen
Joseph Allen was convicted of two counts of assault with a firearm and one count each of second degree robbery, possession of cocaine for sale, possession of a controlled substance while in possession of a firearm and felon in possession of a firearm, with firearm and great bodily injury allegations found true. The trial court originally sentenced Allen to a term of 30 years in state prison. In a prior appeal, we found some of Allens claims of sentencing error to have merit and, as a result, stayed punishment on two counts, partially reversed Allens sentence on another count and remanded the matter for resentencing. Thereafter, the trial court imposed a sentence of 27 years, 4 months in state prison.
In this appeal, Allen challenges his sentence upon remand, arguing that the trial court erroneously imposed a concurrent sentence as to one count for which we previously ordered Allens sentence stayed. In this regard, Court agree. However, we reject Allens further claims of error in the trial courts imposition of the upper term on the robbery count as well as its imposition of a consecutive sentence on one of the assault with a firearm counts.
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