P. v. Romero
A jury convicted defendant of attempted premeditated and deliberate murder (Pen. Code, 664, 187), during which he discharged a firearm causing great bodily injury ( 12022.53, subd. (d)) and possession of a handgun by an ex-felon. ( 12021, subd. (a)(1).) He was sentenced to prison for life, plus 25 years to life, plus 2 years. He appeals claiming the trial court erred in denying his motion for a new trial and in sentencing him. We reject his first contention but agree that the trial court violated section 654 in failing to stay the term for the possession conviction. Court therefore affirm the convictions and the sentence for the attempted murder and its enhancement, order the trial court to stay the 2 year term for the possession conviction, and Court direct it to amend the minutes of the sentencing hearing and abstracts of judgment to show that the 2 year term for the possession conviction is stayed and to correct other errors in those documents called to our attention by the People.
Comments on P. v. Romero